Greg Mulvihill

Title: GREGORY MULVIHILL, Plaintiff and Respondent, v. WELDON MCDAVID, Defendant…

Court: California Court of Appeals, Fourth District, First Division

Case Number: D077204

Date: Jan 18, 2022

Fact:

Weldon McDavid shot Gregory Mulvihill in the chest with an AR-15 assault rifle in September 2016, as part of a plan to kill Mulvihill, who was the ex-husband of McDavid’s co-defendant, Diana Lovejoy. McDavid was convicted of attempted murder and conspiracy to commit murder in a criminal trial. Mulvihill had also filed a civil lawsuit against McDavid and Lovejoy for assault and battery.

Issue:

The issue revolves around whether McDavid, who is currently incarcerated and representing himself, can successfully challenge the default judgment entered against him in Mulvihill’s civil lawsuit, especially considering his criminal conviction for the same incident. McDavid argues that his criminal conviction was based on false evidence, but the court examines whether this defense is viable given the preclusive effect of the criminal judgment.

Decision:

The court affirms the judgment against McDavid. Despite his challenges as a self-represented incarcerated litigant, the court finds that his attempt to challenge the judgment is foreclosed by the doctrine of issue preclusion. The court explains that any issue necessarily decided in the prior criminal proceeding is conclusively determined as to the parties in a subsequent civil action. Since McDavid’s criminal conviction established his liability for the incident, including battery, the court concludes that even if there were errors in the civil proceedings, McDavid failed to establish any prejudice. Therefore, the judgment against McDavid is affirmed, and the respondent is awarded costs.

Related Post

Leave a Reply

Your email address will not be published. Required fields are marked *

three × 1 =