Minick v. United States

506 A.2d 1115, 1986 D.C. App. LEXIS 298
CourtDistrict of Columbia Court of Appeals
DecidedMarch 25, 1986
Docket83-1225
StatusPublished
Cited by25 cases

This text of 506 A.2d 1115 (Minick v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Minick v. United States, 506 A.2d 1115, 1986 D.C. App. LEXIS 298 (D.C. 1986).

Opinions

PER CURIAM:

Appellant, Willie L. Minick, was convicted after a jury trial of first-degree felony murder (D.C. Code § 22-2401 (1981)), and rape (id. § 22-2801). On appeal, his central contention is that certain physical evidence seized from his home at the time of his arrest should have been suppressed as fruits of an unlawful warrantless entry and arrest. Appellant also argues that the trial court committed reversible error by allowing certain allegedly prejudicial evidence to be admitted at trial.

I

Appellant’s suppression argument was previously considered by this court in Minick v. United States, 455 A.2d 874 (D.C.) (Minick I), cert. denied, 464 U.S. 831, 104 S.Ct. 111, 78 L.Ed.2d 112 (1983). In that opinion, this court, sitting en banc, on a pretrial interlocutory appeal by the government,1 reversed a decision of the trial court suppressing the evidence.2 Relying primarily on principles set forth in Dorman v. United States, 140 U.S.App.D.C. 313, 435 F.2d 385 (1970) (en banc), we held that “exigent circumstances” justified a warrantless entry of Mr. Minick’s home at the time of his arrest.

The government argues that in light of this earlier decision our consideration of the suppression claim is forestalled by operation of the “law of the case” doctrine. While this doctrine is most frequently cited in the trial court context, it is applicable to the instant context as well. That doctrine states that “once the court has decided a point in a ease, that point becomes and remains settled unless or until it is reversed or modified by a higher court.” Kritsidimas v. Sheskin, 411 A.2d 370, 371 (D.C.1980); see also United States v. Singleton, 245 U.S.App.D.C. 156, 158-59, 759 F.2d 176, 178-79 (1985). Clearly, a panel of this court is not a “higher court” than this court sitting en banc. Indeed, there is nothing to prevent this court from changing its mind en banc about a question upon which it has previously ruled. However, according to well established procedures, one division of this court may not overrule [1117]*1117a prior decision of another division of this court. M.A.P. v. Ryan, 285 A.2d 310, 312 (D.C.1971).

The doctrine of law of the case conserves judicial time and resources by discouraging “multiple attempts to prevail on a single question,” and is limited in application only where (1) the first ruling has little or no finality, or (2) the first ruling is clearly erroneous in light of newly presented facts or a change in substantive law. Kritsidimas v. Sheskin, supra, 411 A.2d at 372; see United States v. Davis, 330 A.2d 751, 755 (D.C.1975). Upon reviewing the record and appellant’s contentions, we conclude that the instant appeal is not subject to either of the aforementioned limitations. Accordingly, we agree with appellee that the “law of the case” doctrine is applicable here.

Appellant does not dispute the finality of the en banc opinion, nor does he set forth any newly discovered facts. Rather, the gravamen of his argument is that the en banc court “misapplied” or “ignored” the principles of law set down in the primary case upon which it relied. We wholly disagree, and in any event, the established tenets outlined above prevent us from reviewing the en banc court’s opinion in this case for such alleged deficiencies.

In the alternative, appellant maintains that Welsh v. Wisconsin, 466 U.S. 740, 104 S.Ct. 2091, 80 L.Ed.2d 732 (1984), decided after the en banc decision was entered, is a controlling “change in substantive law,” relevant to this issue, thus, preventing application of the law of the case doctrine. While Welsh addresses the issue of when a warrantless entry for purposes of arrest may be justified on grounds of exigent circumstances, we do not believe that that decision dictates a different result than the one reached by the en banc court in Minick I, on the Fourth Amendment question presented.

In Welsh, the Supreme Court held that the warrantless, nighttime entry of the defendant’s home to arrest him for a civil, nonjailable, traffic offense was prohibited by the Fourth Amendment. The Court concluded that the factors which must be present to allow application of the exigent circumstances exception to the Fourth Amendment proscription against warrant-less felony arrests in the home, were not present under the particular facts of that case. Id., 104 S.Ct. at 2099-100. While setting down no hard and fast rule, the Court emphasized that an important factor to be considered in the “exigent circumstances calculus” is the gravity of the underlying offense for which the arrest is being made. Id. at 2098. Indeed, the result in Welsh turned on the minor nature of the offense committed — a noncriminal civil forfeiture offense for which no imprisonment was possible. Id. at 2100.

The holding in Welsh is not in conflict with the result reached in Minick I. In Minick I, in addition to other factors creating exigency, such as the evanescent nature of the physical evidence that the police sought to recover, the underlying offenses involved — rape and murder — could hardly have been more grave. Accordingly, we believe this court’s analysis and resolution of the Fourth Amendment issue presented in Minick I is in substantial agreement with the principles of law set out in Welsh.

As appellant has presented no new factual or legal basis for his argument, we find that the en banc court’s ruling in Minick I is dispositive of the instant appeal on this question.

II

Appellant also contends that the trial court committed reversible error by permitting the government to introduce testimony concerning certain parole documents belonging to appellant. Upon review of the relevant evidence, see Page v. United States, 438 A.2d 195, 196 (D.C.1981), we conclude that the probative value of that evidence outweighed any prejudicial impact [1118]*1118it might have had on appellant’s ability to receive a fair trial.

The facts relevant to this issue are as follows: Within approximately one hour of the estimated time of the victim’s rape and murder, police officers searching the scene discovered appellant’s wallet lying adjacent to a tennis court, approximately twenty-five feet from the victim’s body. In the wallet, police found a driver’s license bearing appellant’s name and address, and appellant’s parole papers.3 In the absence of any eyewitnesses to the actual crime, or other direct evidence, this wallet became an important aspect of the government’s proof against appellant.

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Bluebook (online)
506 A.2d 1115, 1986 D.C. App. LEXIS 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minick-v-united-states-dc-1986.