State v. Hon gordon/gerow
1 CA-SA 17-0011
| Ariz. Ct. App. | Feb 23, 2017Background
- Emergency response to a two-month-old unresponsive infant; the child died at hospital.
- At the hospital a detective asked mother Rebecca Gerow for her house keys; Gerow could not find them. Gerow’s mother later gave the detective the keys unsolicited in the hallway.
- Police entered Gerow’s home without a warrant and discovered methamphetamine and paraphernalia (the contraband).
- Gerow was charged in two separate cases: a Drug Case (possession for sale) and a Child Abuse Case. Gerow moved to suppress the contraband in the Drug Case; the trial court granted suppression and the State dismissed the Drug Case without prejudice. That suppression order is on appeal.
- The State asked the trial court in the Child Abuse Case to clarify whether the Drug Case suppression order barred use of the contraband; the trial court held collateral estoppel applied and suppressed the evidence in the Child Abuse Case as well.
- The State petitioned for special action, arguing collateral estoppel was inapplicable because the interlocutory suppression order and the voluntary dismissal without prejudice do not constitute a prior final judgment necessary to preclude re‑litigation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether collateral estoppel bars the State from introducing contraband in the Child Abuse Case based on the interlocutory suppression order in the Drug Case | The Drug Case suppression order should preclude relitigation of the suppression issue in the Child Abuse Case | The interlocutory suppression order and subsequent dismissal without prejudice are not a "prior judgment" or final decision for collateral estoppel | Collateral estoppel does not apply because the Drug Case dismissal without prejudice did not produce a prior judgment; therefore the interlocutory suppression order cannot preclude re‑litigation in the Child Abuse Case |
Key Cases Cited
- State v. Greenberg, 236 Ariz. 592 (App. 2015) (interlocutory suppression order plus dismissal without prejudice does not constitute a prior judgment for collateral estoppel)
- State v. Jimenez, 130 Ariz. 138 (1981) (elements and general application of collateral estoppel in criminal cases)
- State v. Whelan, 208 Ariz. 168 (App. 2004) (articulating the three-part test for collateral estoppel in criminal context)
- State v. Rodriguez, 198 Ariz. 139 (App. 2000) (discussing the disfavored use of collateral estoppel in criminal prosecutions)
- Ashe v. Swenson, 397 U.S. 436 (1970) (foundational Supreme Court decision on collateral estoppel/issue preclusion in criminal cases)