Legal Opinion
Best v. City of Portland
Court of Appeals for the Seventh Circuit
Decided February 3, 2009No. 07-2765PublishedCited by 97 opinions
1Opinion of the Court
WILLIAMS, Circuit Judge.
In this appeal we must determine the preclusive effect in a federal civil suit of the denial of a suppression motion in an earlier Indiana state criminal case that never reached the merits of the criminal charges. The denial of the suppression motion was affirmed in an interlocutory appeal, but the affirmance was followed by a motion in the trial court to reconsider based on new evidence. The trial court never ruled on that second motion because the government dismissed the prosecution. Applying Indiana law, as we must under 28 U.S.C. § 1738, we hold that the denial of…
2Cases cited27 opinions
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3Cited by97 opinions
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