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Lonnie Loren Kocontes v. California
IFP petition · Court of Appeal of California, Fourth Appellate District, Division Three, No. G060333 · judgment September 19, 2024
Question presented
Qls Does the Due Process Clause, independent of the Double Jeopardy Clause, require a state to apply issue and/or claim preclusion to a federal judgment in a state criminal prosecution? Q2: If yes, is the state free to apply its law of preclusion to a federal civil asset forfeiture judgment in the criminal defendent s favor, when the asset forfeiture case alleged the same conduct for which the state was prosecuting? Q 3: If federal law of issue/claim preclusion must be applied by the state under such circumstances, dc the civil privity standards announced by this Court In Taylor v. Sturgell apply to the federal judgment? (See 553 US 880 (2008).) Q4: Under the applicable federal, common-law rules of issue/claim preclusion to the asset forfeiture judgment, was there privity between California and the United States such that the judgment barred the award of restitution awarded by the state? (i)
Counsel of record
For petitioner
Lonnie Loren Kocontes
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 06 2025Petition DENIED.
- Jun 26 2025DISTRIBUTED for Conference of 9/29/2025.
- Mar 13 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 16, 2025)