Culberson v. Doan’s Empirical Analysis

Citation profile

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘Procedural and discovery differences between the criminal and civil forums coupled with a defendant’s dilemma over whether to testify in his own behalf, or present any defense at the criminal trial, make preclusion in this instance a precarious practice and, we believe, unwise practice.’ Phillips, 113 Ohio App.3d at 382, 680 N.E.2d at 1284; see also Walden v. State, 47 Ohio St.3d 47, 51-52 , 547 N.E.2d 962, 965-67 (1989) (holding that there are several qualitative differences between criminal and civil actions which ‘militate against giving criminal judgments preclusive effect in civil or quasi-civil litigation’). We agree with Plaintiffs in their general position that the Ohio courts have made exceptions, in the interest of justice and fairness, to the mutuality requirement in regards to issue preclusion. However, we must also note that the mutuality requirement, though weakened with exceptions, has not been expressly overruled by subsequent case law or by statute. Plaintiffs all but concede this point in their briefs, but they also plead with this Court to find in their favor so that ‘Carrie Cul-berson’s parents and sister should not be forced to relitigate defendant Doan’s guilt’ (doc. 32).”

   1 later decision quote this exact passage
   e.g. 125 F. Supp. 2d 252 - Culberson v. Doan