Appeal from the Circuit Court of Cook County. 97 CR 30404 Honorable Lawrence P. Fox, Judge Presiding. On appeal, defendant contends the State is collaterally estopped from criminally prosecuting her for aggravated battery of a child because every contested factual issue to be tried in the criminal case was resolved in her favor in a prior juvenile court proceeding.
Defendant is the mother of four minors named in separate juvenile wardship petitions.
At the juvenile adjudicatory hearing, defendant testified that she was G.M.'s maternal aunt, and that since he was six weeks old, she had been caring for him daily while her sister worked. Before she could do so, G.M. toppled head-first out of the seat and onto the floor three feet below. When she picked him up, she saw a circular red spot on his forehead. Defendant took G.M. into the bedroom. She noticed that his eyes rolled upwards, his extremities stiffened, and he made some vocal noises.