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COA: Collateral estoppel not applicable

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The Indiana Court of Appeals affirmed the denial of a motion to suppress evidence because the defendant couldn't prove collateral estoppel precluded the trial court from denying his motion.

In Joshua Perez-Grahovac v. State of Indiana, No. 22A05-0712-CR-703, Joshua Perez-Grahovac brought an interlocutory appeal, arguing because his roommate's motion to suppress evidence was granted, his motion should be granted, too.

Perez-Grahovac and his roommate, Angela Phillips, were arrested for various drug charges after police obtained a search warrant after a period of surveillance of their apartment, a trash pull of their residence, and Perez-Grahovac's previous statements to police that he was a cocaine dealer.

Perez-Grahovac filed his motion to suppress evidence because he believed the search violated the United States and Indiana Constitutions and the probable cause affidavit didn't contain sufficient facts. His motion was denied.

Phillips also filed a motion to suppress evidence, which the trial court granted without conducting further hearings on the motion. The only evidence Perez-Grahovac introduced to support his motion to reconsider was Phillips' motion to suppress and the chronological case summary stating the court granted the motion.

Perez-Grahovac argues his motion should be granted based on Jennings v. State, 714 N.E.2d 730 (Ind. Ct. App. 1999), but his case is distinguishable from Jennings. The state hadn't stipulated it had a full and fair opportunity to litigate the searches in Phillips' case or that the searches in the roommates' cases are the same. The trial court's grant of Phillips' motion doesn't include findings of fact or conclusions of law, so the appellate court can't determine whether the judge who granted Phillips's motion based her decision "upon an issue or fact other than that which the defendant seeks to foreclose from consideration," wrote Judge Carr Darden, citing Jennings.

Perez-Grahovac didn't present a sufficient record to permit the appellate court to determine whether collateral estoppel should apply.

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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