State v. Tien Ngoc Doan

The State asks this court to correct its earlier mistakes in dismissing this case because the Attorney General filed a late brief. The State points out that this court’s earlier opinion granted the defendants’ request to affirm the trial court’s suppression order on its merits, thereby barring the State from further prosecuting defendants. Without actually saying it had erred by using the word “affirm,” the majority court now says, “It is clear from the history of this matter outlined above that we did not consider the merits of the trial court’s suppression order in Tien 7.” In short, even…