99 Cal. Daily Op. Serv. 5226, 1999 Daily Journal D.A.R. 4185 Earl Morley, an Individual, Plaintiff-Appellee, v. Egan Walker, an Individual, Defendant-Appellant. - U.S. Court of Appeals for the 9th Cir. - May 04, 1999, Federal Circuits, Docket 97-16883 - vLex

99 Cal. Daily Op. Serv. 5226, 1999 Daily Journal D.A.R. 4185 Earl Morley, an Individual, Plaintiff-Appellee, v. Egan Walker, an Individual, Defendant-Appellant. - U.S. Court of Appeals for the 9th Cir. - May 04, 1999, Federal Circuits, Docket 97-16883 - vLex: "In Haupt, decided at the summary judgment stage, the court looked to Nevada law and determined that 'the probable cause determination at Haupt's preliminary hearing, affirmed by denial of his petition for a writ of habeas corpus, was sufficiently conclusive of the issue to preclude its relitigation.' Id. at 289. Walker insists that, here too, collateral estoppel bars Morley's claim. We disagree. Haupt recognized certain circumstances in which the outcome of a preliminary hearing might not properly determine whether probable cause existed at the time of arrest, thereby removing the preclusive effect of the preliminary hearing. According to Haupt, where additional evidence is discovered after the arrest but before the preliminary hearing 'and that evidence is presented at the preliminary hearing, the probable cause determination at the hearing would not be conclusive as to whether there was probable cause to arrest.' Id. at 289."