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Dorsey v. State8/21/2001
Lloyd Dorsey appeals from the trial court's order denying his plea of former jeopardy. Dorsey claims the doctrine of collateral estoppel precludes the State from relitigating a motion to suppress in the criminal case against him because a different judge in a civil forfeiture action granted a motion to suppress based on the same evidence. Because we find the collateral estoppel doctrine does not apply in a criminal case following a final judgment in a civil forfeiture action, the trial court properly denied Dorsey's double jeopardy claim.
The record shows that following the execution of a search warrant, Dorsey was indicted for trafficking in cocaine, possession of cocaine with intent to distribute, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony. The State also filed a civil forfeiture proceeding against $19,175.00 and other various items, such as electronics, jewelry, and guns, found during the search. The State instituted both the criminal action and the civil forfeiture action in Fulton Superior Court, but the two cases were assigned to different judges. On February 14, 2000, Dorsey filed identical motions to suppress in both the criminal and the civil forfeiture action, asserting that the search warrant contained an illegal "no-knock" provision and lacked probable cause.
On February 29, 2000, the judge presiding over the civil forfeiture proceeding held a hearing on Dorsey's motion to suppress, but did not file an order granting the motion with the clerk's office until March 9, 2000.
On March 9, 2000, the judge presiding over the criminal proceeding held a hearing on Dorsey's motion to suppress, signed a written order denying the motion, and filed it with the clerk's office on the same day. Because the superior clerk's office does not enter the time documents are filed, we cannot determine which of the orders was filed first.
On April 12, 2000, the civil forfeiture judge entered a final judgment in favor of Dorsey and ordered that the property be returned to him. When the State failed to appeal this order, Dorsey filed a plea of former jeopardy in the criminal action on May 17, 2000. Dorsey argued in his plea that collateral estoppel required the judge in the criminal action to grant the motion to suppress and his plea of former jeopardy. After a hearing, the criminal trial judge denied Dorsey's plea of former jeopardy. Dorsey now appeals the denial of this plea.
1. (a)The double jeopardy clause of the Fifth Amendment to the United States Constitution provides that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb." The Georgia Constitution also contains a double jeopardy clause which provides that "no person shall be put in jeopardy of life or liberty more than once for the same offense." Ga. Const. 1983, Art. I, Sec. I, Par. XVIII. Further, OCGA §§ 16-1-6, 16-1-7, and 16-1-8 also provide limitations on multiple prosecutions, convictions, and punishments for the same criminal conduct. (Citations omitted.) Nolen v. State, 218 Ga. App. 819, 820 (463 SE2d 504) (1995).
In Ashe v. Swenson, 397 U.S. 436 (90 SC 1189, 25 LE2d 469) (1970), the U.S. Supreme Court held that the doctrine of collateral estoppel is embodied in the guarantee against double jeopardy. The Supreme Court described collateral estoppel as:
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. Id. at 443.
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