People v. Mitchell

*136Opinion

HUFFMAN, Acting P. J.

In this third appeal from Richard Allen Mitchell’s judgment and sentence, we conclude that even in the wake of Monge v. California (1998) 524 U.S. 721 [118 S.Ct. 2246, 141 L.Ed.2d 615] and People v. Monge (1997) 16 Cal.4th 826 [66 Cal.Rptr.2d 853, 941 P.2d 1121], where the government has had a full and fair opportunity to present its case unhampered by evidentiary error or other impediment, fundamental fairness requires application of equitable principles of res judicata (direct estoppel) and law of the case to preclude the relitigation of Mitchell’s prior serious…