SW v. State

703 So. 2d 427, 1997 Ala. Crim. App. LEXIS 177, 1997 WL 187097
Procedural entryThis page is a short order in SW v. State. Read the opinion of the Court — 703 So. 2d 427
Court of Criminal Appeals of Alabama·Decided April 18, 1997·No. CR-95-1471·Published

Opinion

703 So.2d 427 (1997)

S.W.
v.
STATE.

CR-95-1471.

Court of Criminal Appeals of Alabama.

April 18, 1997.
Rehearing Denied June 20, 1997.
Certiorari Denied August 29, 1997.

*428 Andrew A. Smith, Northport, for appellant.

Bill Pryor, atty. gen., and Gail Ingram Hampton, asst. atty. gen., for appellee.

Alabama Supreme Court 1961663.

COBB, Judge.

The appellant, S.W., was convicted on April 25, 1996, as a youthful offender, of possession of burglar's tools and unlawfully breaking and entering a vehicle. See §§ 13A-7-8 and 13A-8-11(b), Ala.Code 1975. He was sentenced to serve one year and one day in the penitentiary for each offense. The sentences were to run concurrently. S.W. raises three issues on appeal.

I.

S.W. argues that the trial court erred in ruling that evidence that had previously been held inadmissible and suppressed in a separate district court proceeding was admissible in the circuit court trial.

At the time of his arrest for breaking and entering a vehicle and possession of burglar's tools, S.W. was also charged with receiving stolen property in the third degree, a misdemeanor. All of the charges arose from the same set of circumstances and were based upon evidence gathered during a search of a vehicle. During proceedings related solely to the misdemeanor charge, the district court ruled that the evidence gathered as a result of the search of the vehicle was inadmissible and ordered the evidence suppressed. The misdemeanor count was later dismissed.

S.W. now argues that the trial court erred in admitting in his trial of the two felony offenses evidence gathered as a result of the search of the vehicle when that evidence had already been held inadmissible in district court. S.W. argues that the doctrine of collateral estoppel prohibited the circuit court from admitting the evidence. We find this argument without merit.

The doctrine of collateral estoppel, as applied in criminal cases, emanates from both the double jeopardy clause of the Fifth Amendment and the Due Process Clause of the Fourteenth Amendment to the United States Constitution.

"`Collateral estoppel' is an awkward phrase, but it stands for an extremely important principle in our adversary system of justice. It means simply that when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit."

Ashe v. Swenson, 397 U.S. 436, 443, 90 S.Ct. 1189, 1194, 25 L.Ed.2d 469 (1970). In Ashe, the Court held that the doctrine of collateral estoppel barred the prosecution of one accused of the armed robbery of a participant in a poker game after the accused had previously been found by a jury to be not guilty of the robbery of another participant in the *429 same game where the identity of the defendant as one of the robbers was the only disputed issue. The application of collateral estoppel to rulings other than the final judgment of a jury as to the ultimate question of guilt has also been addressed by the United States Supreme Court. In United States v. Oppenheimer, 242 U.S. 85, 37 S.Ct. 68, 61 L.Ed. 161 (1916), Justice Holmes discussed the doctrine of res judicata as applied to criminal cases, and held that the strict wording of the Double Jeopardy Clause could not be held to deny the constitutional guarantees of due process and fundamental fairness:

"Upon the merits the proposition of the government is that the doctrine of res judicata does not exist for criminal cases except in the modified form of the 5th Amendment, that a person shall not be subject for the same offense to be twice put in jeopardy of life or limb; and the conclusion is drawn that a decision upon a plea in bar cannot prevent a second trial when the defendant never has been in jeopardy in the sense of being before a jury upon the facts of the offense charged. It seems that the mere statement of the position should be its own answer. It cannot be that the safeguards of the person, so often and so rightly mentioned with solemn reverence, are less than those that protect from a liability in debt. It cannot be that a judgment of acquittal on the grounds of the statute of limitations is less a protection against a second trial than a judgment upon the ground of innocence, or that such a judgment is any more effective when entered by the government's consent before a jury is empaneled; or that it is conclusive if entered upon the general issue..., but if upon a special plea of the statute permits the defendant to be prosecuted again. We do not suppose it would be doubted that a judgment upon a demurrer to the merits would be a bar to a second indictment in the same words....
"Of course, the quashing of a bad indictment is no bar to a prosecution upon a good one, but a judgment for a defendant upon the ground that the prosecution is barred goes to his liability as matter of substantive law, and one judgment that he is free as matter of substantive law is as good as another. A plea of the statute of limitations is a plea to the merits ... and however the issue was raised in the former case, after a judgment upon it, it could not be reopened in a later prosecution....
"The safeguard provided by the constitution against the gravest abuses has tended to give the impression that when it did not apply in terms, there was no other principle that could. But the 5th amendment was not intended to do away with what in the civil law is a fundamental principle of justice ... in order, when a man has been acquitted on the merits, to enable the government to prosecute him a second time."

242 U.S. at 87-88, 37 S.Ct. at 69 (citations omitted).

There remain, however, conflicting lines of authority in lower courts as to whether the doctrine of collateral estoppel applies to a court's ruling on a motion to suppress evidence. See, e.g., State v. Greenwood, 565 P.2d 701 (Okla.Crim.App.1977); Cook v. State, 35 Md.App. 430, 371 A.2d 433 (1977), aff'd, 281 Md. 665, 381 A.2d 671 (1978), cert. denied 439 U.S. 839, 99 S.Ct. 126, 58 L.Ed.2d 136 (1978) (both holding that collateral estoppel does not require the prosecutor to abide by a former court decree suppressing evidence because it is not a "final judgment on the merits"); contra, United States ex rel. DiGiangiemo v. Regan, 528 F.2d 1262 (2d Cir.1975), cert. denied, 426 U.S. 950, 96 S.Ct. 3172, 49 L.Ed.2d 1187 (1976); State v. Doucet, 359 So.2d 1239 (La.1977) (both holding that the definition of "final judgment," for purposes of the application of the doctrine of collateral estoppel, applies to a trial court's ruling on a motion to suppress). However, we need not address this issue for one reason, which is fatal to Webb's argument. The State, in the instant case, had no opportunity to appeal the district court's order suppressing the evidence.

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SW v. State, 703 So. 2d 427, 1997 Ala. Crim. App. LEXIS 177, 1997 WL 187097 (Ala. Ct. App. 1997).

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