STATE v. WHELAN

No. 1 CA-CR 02-0364.

91 P.3d 1011 (2004)

208 Ariz. 168

STATE of Arizona, Appellant/Cross-Appellee, v. Richard Rome WHELAN, Appellee/Cross-Appellant.

Court of Appeals of Arizona, Division 1, Department A.

June 17, 2004.


Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Attorney By Colleen L. French, Deputy County Attorney, Phoenix, Attorneys for Appellant/Cross-Appellee.

Frederick M. Aeed, Phoenix, Attorney for Appellee/Cross-Appellant.


OPINION

BARKER, Judge.

¶ 1 We address in this Opinion issues concerning the applicability of collateral estoppel and related doctrines to an unappealed suppression order in a case that was dismissed without prejudice and then refiled after an intervening change in the law.

Pertinent Factual and Procedural Background

¶ 2 On August 28, 2000, Richard Rome Whelan ("Defendant") was...

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