State v. Presler

I concur with the result and with all aspects of the Court’s opinion except for that portion concerning the doctrine of res judicata. Because no final judgment entered after our initial ruling which reversed the Superior Court’s grant of the defendant’s motion to suppress the blood-test results, I do not believe res judicata is applicable. Res judicata only applies where a prior suit has been brought to a valid and final personal judgment. See Restatement (Second) Judgments § 17 at 148 (1982); see also ElGabri v. Lekas, 681 A.2d 271, 275 (R.I.1996); E.W. Audet & Sons, Inc. v. Firemens Fund…