State v. Romans
State v. Romans
Opinion of the Court
The state seeks reversal of the lower court’s order granting the defendant’s motion to dismiss based on res judicata and collateral estoppel. We reverse.
The issue below was whether the state was barred on the ground of res judicata or collateral estoppel from prosecuting the substantive offense for which the trial judge ruled there was insufficient evidence upon which to revoke probation in a sepa
When, in a probation proceeding, the trial judge finds the evidence is insufficient to prove the criminal offense asserted as the ground for revocation, is the state collaterally estopped from trying the defendant for the same criminal offense?
Accordingly, we reverse and certify the same question certified in Green and Justice.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.