IL: Prior litigation of motion to suppress that was not appealed could not be reopened in new trial 16 years later

Suppression motion litigated and not appealed in first trial in 1988 involving a search in Montana and used in court in Illinois was collateral estoppel or res judicata after the defendant won a new trial. His allegation of “new evidence” to get around the rule was, inter alia, “Montana law,” but all the allegedly “new evidence” was available at the time of the first trial. People v. Sutherland, 223 Ill. 2d 187, 860 N.E.2d 178 (September 21, 2006).

Defendant, who was allegedly shot during a home invasion robbery and the police came to the hospital, did not have standing to challenge the seizure of a hospital glove from the floor of the ER. If the police did not take it, it would just be thrown away. United States v. Nanos, 2006 U.S. Dist. LEXIS 87434 (D. Me. November 30, 2006).

Consent was shown to be voluntary despite the defendant not having been advised of his right to refuse. He was middle-aged, and his interaction showed that he knew his rights. “In this case there is no evidence Defendant was unaware of his rights. To the contrary, Defendant had some knowledge of his rights to refuse to consent as evidenced by his asking permission to speak with Leonard about whether he should voluntarily open the shed and later at the jail when he wrote he ‘was not waivering [sic] his rights’ beside his signature on the Waiver of Rights form.” United States v. Stringer, 2006 U.S. Dist. LEXIS 87302 (M.D. Tenn. November 29, 2006).*

(Trial today. More later.)