Collateral estoppel did not apply to co-defendant’s appeal

Defendant’s codefendant’s suppression motion was denied and affirmed on appeal. When defendant’s case came up, the state pled offensive collateral estoppel to defendant’s motion to suppress. Since the parties were different, collateral estoppel did not apply. Commonwealth v. Rabb, 70 Mass. App. Ct. 194, 873 N.E.2d 778 (2007):

These basic principles give context and perspective to the collateral estoppel claim before us, and inform our analysis. They contemplate protection of the defendant’s interests in the critical stages of the criminal process, effective assistance of counsel, and, implicitly, the meaningful [*9] opportunity of the defendant to participate in the litigation of his defense. In criminal proceedings we emphasize that each defendant is entitled to individual consideration and to effective representation by individual counsel, and is further entitled to press litigation strategies with that counsel. There is no reason that these basic principles should not pertain to the litigation of a motion to suppress evidence. Moreover, even if we accepted the collateral estoppel argument in theory, as a matter of practical reality we would not conclude that the defendant and Wynn had such a close identity or mutuality of interests that it could be said that Wynn’s litigation of the motion to suppress accorded the defendant a full and fair opportunity to litigate the matter. While each may have had the same goal — the suppression of the evidence found in the motel room — they differed in their alleged involvement in the cocaine distribution scheme, in the evidence attributed to each, and in their connection to the motel room. They may very well have differed in their knowledge of the facts, in their potential ability to assess the representations in the search warrant affidavit, and in their ability to suggest to counsel avenues of attack on that warrant. In sum, the defendant should not be foreclosed from litigating the validity of the search warrant.

Seatbelt violation permitted officer to stop the defendant, and the fact that defendant was a suspect in a violent crime justified a patdown for officer safety. United States v. Jackson, 249 Fed. Appx. 130 (11th Cir. 2007)* (unpublished).

Sexual abuse by a school custodian was not “state action” for purposes of § 1983 claim for a Fourth Amendment violation. K.K. v. Weeks, 2007 U.S. Dist. LEXIS 70004 (M.D. Pa. September 21, 2007).*

Georgia sustains its DNA challenge against a Fourth and Eighth Amendment challenge. Quarterman v. State, 282 Ga. 383, 651 S.E.2d 32 (2007)* (Comment: Remember, I have been ignoring DNA cases for quite a while unless something is unique. This is the first I recall with an Eighth Amendment challenge.)