Hickerson v. State

The majority opinion acknowledges that the appellant contends that either res judicata or the law of the case prevented the introduction of evidence relating to appellant having a gun because the jury at the first trial found he did not have a gun. The opinion then states: “The argument must fail because res judicata only prevents the relitigation of issues that were litigated before or might have been litigated.” That is a perfectly good statement of the law. Not only could the issue of the appellant having had a gun at the time of the alleged crime have been tried — it was tried and the…