Elliott v. State
2011 WY 32
| Wyo. | 2011Background
- Elliott was arrested for DWUI in Converse County on Jan 17, 2009.
- At an April 1, 2009 implied-consent hearing, WYDOT evidence was presented; Elliott supplemented the record with a stop video and moved to vacate the proposed suspension.
- On April 30, 2009 the Office of Administrative Hearings (OAH) issued findings of no probable cause to arrest Elliott.
- Elliott mailed a motion to dismiss on collateral estoppel and res judicata on May 18, 2009; the circuit court denied it and allowed a conditional plea with an appeal on the certified question.
- The district court certified the question to the Wyoming Supreme Court under W.R.A.P. 11; the parties stipulated that the OAH found no probable cause and that collateral estoppel was at issue in the underlying DWUI case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether collateral estoppel bars prosecution based on OAH finding of no probable cause. | Elliott argued collateral estoppel applies. | State argued collateral estoppel should preclude relitigation. | Collateral estoppel does not apply. |
Key Cases Cited
- Jacobs v. State ex rel. Wyo. Workers' Safety & Comp. Div., 216 P.3d 1128 (Wyo. 2009) (preclusion analysis in administrative context; collateral estoppel factors)
- Bowen v. State, 245 P.3d 827 (Wy. 2011) (criminal proceedings may limit collateral estoppel in administrative-license contexts)
- Huelsman v. Kansas Dep't of Revenue, 980 P.2d 1025 (Kan. 1999) (administrative license issues; collateral estoppel not always apply across forums)
- People v. Hackman, 567 N.E.2d 1109 (Ill. App. 1991) (collateral estoppel not applied to rescission of suspension in DUI context)
- State v. Young, 530 N.W.2d 269 (Neb. App. 1995) (collateral estoppel in administrative vs. criminal settings; not preclusive)