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Defenses – Issue Preclusion – Defensive Use Against Non-Party to Prior Case

Michael S. Johnson v. Berge, 2003 WI App 51

Issue/Holding: Review of issue preclusion is governed by Paige K.B. v. Steven G.B., 226 Wis. 2d 210, 594 Wis. 2d 370 (1999). The record isn’t sufficient to review the issue. ¶¶13-14.

For discussion on preclusive effect of state court suppression ruling on federal court dealing with same evidence, see U.S. v. Dominguez, 6th Cir. No. 02-2081, 3/4/04 (even though the evidence was seized under warrant executed by joint state-federal task force, because there’s generally no privity between state and federal governments issue preclusion isn’t found).

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