SMITH v. CITY OF TULSA Leagle.com
We affirm the dismissal. I.In November 1998, following allegations Smith had sexually molested the half-sisters of his two daughters, the State initiated a civil proceeding to terminate his parental rights. The jury found "the two minor children in this case were deprived children" but "they were not deprived based on sexual or physical abuse of a shocking and heinous nature." See Smith v. Dinwiddie, 510 F.3d 1180, 1184 (10th Cir. 2007) ( Smith II ) (quotations omitted). Nevertheless, the court subsequently determined termination was in the best interests of the children and awarded sole custody to their mother.
While the civil case was pending, the State filed criminal charges of sexual abuse of a minor against Smith based on the same conduct. A jury found him guilty. On direct appeal, Smith claimed the criminal prosecution was barred by collateral estoppel. The Oklahoma Court of Criminal Appeals (OCCA) rejected his argument. It determined the State
