Hearing on Friday, limited time to research. Mother sues son-in-law and daughter in civil action for taking money even tho power of attorney signed (uses money for self instead ofn mother). Mother fails to show up and son-in-law and dau get default jt. Now argues in criminal case collateral estoppel. Most cases regarding civil/criminal action in reference to admin hearings and later prosecution which is different than this issue. Anyone have this type of issue before? Some case law would indicate it had to be fully and fairly litigated in previous case to be collaterally estopped so would think a default judgment would not apply, but also find cases that indicate even if prior proceeding civil it might apply to criminal case.

You have different parties involved so collateral estoppel does not apply. Must be the same issue litigated by the same parties. State v. Brabson, 966 S.W.2d 493. The State (as prosecuting authority) and the victim are different parties.