People v. Miller

Defendant, James Miller, was charged with knowingly and unlawfully possessing a controlled substance, cocaine (Ill. Rev. Stat. 1981, ch. 561/2, par. 1402(a)). His motion to suppress evidence was denied. Thereafter, defendant filed a motion for rehearing based upon a newly decided appellate court decision. A second trial judge sustained defendant’s motion to suppress. The State now appeals from this second order (87 Ill. 2d R. 604(a)(1)) and questions whether (1) collateral estoppel barred the reopening of defendant’s motion to suppress, and (2) the trial court erred in ordering the…