Tu v. State

RODOWSKY, Judge.

This case has been tried to judgment of conviction, appealed, reversed, retried to judgment of conviction, appealed, affirmed, and is now before us on certiorari review of that affirmance. The first conviction was reversed for error in denying the defendant’s motion to suppress evidence seized by the police. On direct appeal from the second conviction, and here, the defendant contends that the mandate on the first appeal, and the opinion on which that mandate was based, *408foreclose reconsideration by the trial court of the admissibility of the seized evidence. That argument…