Legal Opinion
State v. Whelan
Court of Appeals of Arizona
Decided June 17, 2004No. 1 CA-CR 02-0364PublishedCited by 5 opinions
1Opinion of the Court
OPINION
BARKER, Judge.
¶ 1 We address in this Opinion issues concerning the applicability of collateral estoppel and related doctrines to an unappealed sup*170pression 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 arrested for one count of DUI while his driver’s license was suspended (“Count 1”) and one count of driving with a blood alcohol concentration of 0.10 or more within two hours of driving while his driver’s license was…
2Cases cited23 opinions
- Ashe v. SwensonSupreme Court of the United States · 1970
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Standefer v. United StatesSupreme Court of the United States · 1980
- Sealfon v. United StatesSupreme Court of the United States · 1948
- State v. KingArizona Supreme Court · 1994
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3Cited by5 opinions
- Corbett v. Manorcare of America, Inc.Court of Appeals of Arizona · 2006
- State v. MENDOZA-TAPIACourt of Appeals of Arizona · 2012
- Center Bay Gardens, L.L.C. v. City of Tempe City CouncilCourt of Appeals of Arizona · 2007
- State v. Hon gordon/gerowCourt of Appeals of Arizona · 2017
- State v. WhelanCourt of Appeals of Arizona · 2004