A defendant may be able to use the doctrine of collateral estoppel to prevent a trial involving facts that have been presented at a prior trial. A defendant may successfully invoke the defense of collateral estoppel
A) when the crimes for which the second trial is being held are the precise same crimes that
were litigated in the first trial.
B) when the issues involved are the same issues that were determined in the defendant's favor or facts on which the defendant prevailed at the first trial. The defendant cannot be forced to relitigate settled facts.
C) only where the doctrine of double jeopardy can also be invoked successfully.
D) only where the judge at the second trial is the same judge who presided over the first trial since there is a danger of unfair prejudice by the judge.
E) when the attorneys for both sides are the same attorneys who represented the parties at the first trial.
B
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