Timms v. Cupp

*341TANZER, J.

This is an appeal by the state from an order granting post-conviction relief on the ground of denial of effective representation of counsel because petitioner’s trial attorney failed to assert the doctrine of collateral estoppel as a ground for suppression of evidence.

In 1973, two policemen stopped and searched petitioner’s automobile. Petitioner was driving and one Gerald Woods was a passenger. The officers found two loaded revolvers, one under each seat, and dangerous drugs.

Woods was charged with a weapons offense. The trial court granted his motion to suppress, holding that the…