Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

GA: Unappealed granted suppression order is collateral estoppel to probation revo

By John Wesley Hall, Jr.

In Georgia, when a motion to suppress a search is granted in a criminal case and the state nolle prosses without appealing, that judgment is collateral estoppel to a probation revocation based on the same events, applying the Restatement of Judgments. Thackston v. State, 2010 Ga. App. LEXIS 335 (March 29, 2010): The closer question is whether the finality requirement of collateral estoppel was met here, given that the state had the drug charges against Thackston nolle prossed in the criminal case following the grant of the motion to suppress. For the purposes of collateral estoppel, “final judgment” includes “any prior adjudication of an issue in another action that is determined to be sufficiently firm to be accorded conclusive effect...continue to full post

Full post as published by Fourth Amendment on April 23, 2010 (boomark / email).