Legal Opinion
Smith v. United States
District of Columbia Court of Appeals
Decided August 8, 1979No. 14142PublishedCited by 14 opinions
1Opinion of the Court
NEBEKER, Associate Judge:
Appellant was convicted after a bench trial on one count of possession of narcotics, D.C.Code 1973, § 33-402, and one count of possession of a dangerous drug, D.C.Code 1973, § 33-702(a)(1)(A). On appeal, he claims that the court committed reversible error in not considering his second motion to suppress. We hold that where a case is dismissed without prejudice following a denial of a motion to suppress, that denial constitutes the law of the case, binding on the parties when the case is brought again and where no new evidence justifying a new hearing is presented.…
2Cases cited8 opinions
- Messenger v. AndersonSupreme Court of the United States · 1912
- Galpin v. PageSupreme Court of the United States · 1874
- Stoner v. New York Life InsuranceSupreme Court of the United States · 1941
- United States v. William Erness Thoresen, United States of America v. Louise Banich ThoresenCourt of Appeals for the Ninth Circuit · 1970
- Jenkins v. United StatesDistrict of Columbia Court of Appeals · 1971
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3Cited by14 opinions
- Hughes v. StateSupreme Court of Delaware · 1985
- Asbell v. United StatesDistrict of Columbia Court of Appeals · 1981
- Foster v. StateSupreme Court of Georgia · 2012
- P. P. P. Productions, Inc. v. W & L, Inc.District of Columbia Court of Appeals · 1980
- Karr v. C. Dudley Brown & Associates, Inc.District of Columbia Court of Appeals · 1989
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