State v. Whelan6/17/2004
we note that the distinctions between whether law of the case and Rule 16.1(d) apply as opposed to collateral estoppel may be seen as turning on the type of "hypertechnical" analysis the Supreme Court has encouraged us to eschew in this area of the law. See Ashe v. Swenson, 397 U.S. 436, 443, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970) (quoting Sealfon v. United States, 332 U.S. 575, 579, 68 S.Ct. 237, 92 L.Ed. 180 (1948)) ("the rule of collateral estoppel in criminal cases is not to be applied with the hypertechnical and archaic approach of a 19th century pleading book, but with realism and rationality ... [t]he inquiry 'must be set in a practical frame and viewed with an eye to all the circumstances of the proceeding.' "). The distinction as to which doctrine to apply is not outcome determinative here. [FN5] We now turn *1015 to a consideration of collateral estoppel, which we believe to be the applicable legal doctrine.
FN5. As the following discussion will show, our determination as to the inapplicability of collateral estoppel is based on an intervening change in the law. Infra 13-15. Because of that, we emphasize that our conclusion based on collateral estoppel principles would be no different if we applied law of the case or Rule 16.1(d). Under those doctrines, there was sufficient basis for the second judge to reconsider the ruling based on the intervening change in the law if this action were one proceeding instead of two. See Rule 16.1(d) (permitting reconsideration for "good cause") and King, 180 Ariz. at 278-79, 883
P.2d at 1034-35 (holding that law of the case is procedural, not substantive, and a "court does not lack the power to change a ruling simply because it ruled on the question at an earlier stage") (quoting Love v. Farmers Ins. Group, 121 Ariz. 71, 73, 588 P.2d 364, 366 (App.1978)).
2. Collateral Estoppel
12 Our cases hold that "[c]ollateral estoppel is incorporated in the Fifth Amendment guarantee against double jeopardy binding on the states through the due process clause of the Fourteenth Amendment." State v. Stauffer, 112 Ariz. 26, 29, 536 P.2d 1044, 1047 (1975) (citing Ashe, 397 U.S. at 443, 90 S.Ct. 1189). In criminal cases, collateral estoppel is not favored and is therefore applied sparingly. State v. Rodriguez, 198 Ariz. 139, 141, 6, 7 P.3d 148, 150 (App.2000) (citing Standefer v. United States, 447 U.S. 10, 22-25, 100 S.Ct. 1999, 64 L.Ed.2d 689 (1980)).
13 Our supreme court has held that "[t]he traditional elements of collateral estoppel are: the issue sought to be relitigated must be precisely the same as the issue in the previous litigation; a final decision on the issue must have been necessary for the judgment in the prior litigation; [and] there must be mutuality of parties." State v. Jimenez, 130 Ariz. 138, 140, 634 P.2d 950, 952 (1981); see also Rodriguez, 198 Ariz. at 141, 5, 7 P.3d at 150 (same). There is an issue presented in this case as to element two: whether there was "a final decision on the issue [that] must have been necessary for the judgment in the prior litigation." Jimenez, 130 Ariz. at 140, 634 P.2d at 952 (emphasis added). This is so because the suppression order, though appealable under A.R.S. § 13- 4032(6) (2001), was an interlocutory order and our cases have construed the "final decision" requirement to mean that "[f]or collateral estoppel to apply ... a valid and final decision on the merits must have been entered." Garcia v. Gen. Motors Corp., 195 Ariz. 510, 514, 9, 990 P.2d 1069, 1073 (App.1999) (emphasis added); see also Campbell v. SZL Properties, Ltd., 204 Ariz. 221, 223, 9, 62 P.3d 966, 968 (App.2003) (same).
14 The question as to whether an interlocutory suppression order, subject to appeal, is final for purposes of collateral
Page 1 2 3 4 5 6 7 8 Arizona DUI Attorneys
DUI Lawyers
|