PG VIII(C) Special Verdicts To Prevent Retrial.
The effect of a special verdict or finding may be difficult to predict. It may be possible, on retrial, to advance a collateral estoppel claim to a particular prosecution theory if the jury has specifically rejected the factual predicate of that theory. Collateral estoppel is an “issue preclusion” doctrine which may relate to one of several related or alternative issues. (See 1 Witkin and Epstein California Crim. Law, 2d Ed. 1988, § 340, 31 ALR3d 1044, 1047-48; People v. Taylor (74) 12 C3d 686 [117 CR 70].)
ALERT: People v. Superior Court (Sparks) REV GTD (9/17/2008, S164614) 2008 Cal. App. Unpub. LEXIS 4603: (1) Did principles of collateral estoppel, as applied in People v. Taylor (74) 12 C3d 686, preclude the prosecution from trying defendant for murder on a felony-murder theory after the actual killer had been acquitted of murder on such a theory? (2) Is Taylor still good law, or should that decision be overruled or disapproved?