BEST v. CITY OF PORTLAND

No. 07-2765.

554 F.3d 698 (2009)

Larry D. BEST, Jr., Plaintiff-Appellant, v. CITY OF PORTLAND, et al., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 3, 2009.


Attorney(s) appearing for the Case

Larry D. Best, Jr., Pendleton, IN, pro se.

Robert T. Keen, Jr., Diana C. Bauer, Carson Boxberger, Fort Wayne, IN, for Defendant-Appellee.

Before MANION, WILLIAMS, and SYKES, Circuit Judges.


WILLIAMS, Circuit Judge.

In this appeal we must determine the preclusive effect in a federal civil suit of the denial of a suppression motion in an earlier Indiana state criminal case that never reached the merits of the criminal charges. The denial of the suppression motion was affirmed in an interlocutory appeal, but the affirmance was followed by a motion in the trial court to reconsider based on new evidence. The trial court never ruled on that second motion because...

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