In a prosecution of defendant for felony murders, judgment of a court of appeal setting aside a superior court’s ruling prohibiting the prosecution at issue based on the doctrine of nonmutual collateral estoppel is affirmed where: 1) a verdict regarding one defendant has no effect on the trial of a different defendant, and courts should determine the propriety of a prosecution based on that prosecutions’ own record, not a different record; and 2) nonmutual estoppel does not apply to verdicts in criminal cases. 

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Appellate InformationAppeal from Yuba County, No. CFR0600126

Filed February 8, 2010

JudgesBefore:  George, C. J., Baxter, J., Corrigan, J.,  Kennard, J.,  Moreno, J., and Werdegar, J.

Opinion by Chin, J.

CounselFor Appellant:  Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael Farrell, Assistant Attorney General, John G. McLean, R. Todd Marshall, George M. Hendrick, Deputy Attorneys General

For Appellee:  N/A

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