Dorsey v. State

Barnes, Judge.

Lloyd Dorsey appeals from the trial court’s order denying his plea of former jeopardy. Dorsey claims the doctrine of collateral estoppel precludes the State from relitigating a motion to suppress in the criminal case against him because a different judge in a civil forfeiture action granted a motion to suppress based on the same evidence. Because we find the collateral estoppel doctrine does not apply in a criminal case following a final judgment in a civil forfeiture action, the trial court properly denied Dorsey’s double jeopardy claim.

The record shows that following the…