A similar position has been taken by a number of state courts. See, e.g., Nicolay v. Kill, 161 Kan. 667, 170 P.2d 823 (1946); Fisher v. Warden of Maryland Penitentiary, 195 Md. 705, 71 A.2d 871 (1950); Labelle v. Hancock, 99 N.H. 254, 108 A.2d 545 (1954); State v. Ingenito, 16 NJ 36, 106 A.2d 3 (1954). Some states have applied the rule that only issues actually determined in the prior proceeding are barred thereafter.