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Perez v. State

Court of Appeals of Georgia
Sep 25, 2003
263 Ga. App. 411 (Ga. Ct. App. 2003)

Opinion

A03A2088.

DECIDED: SEPTEMBER 25, 2003

Motion to suppress. Clayton Superior Court. Before Judge Simmons.

James W. Bradley, for appellant.

Robert E. Keller, District Attorney, Jane E. Grabowski, Assistant District Attorney, for appellee.


This case is making its second appearance in this Court. In its first appearance, an interlocutory appeal, Jorge Antonio Perez challenged the trial court's denial of his motion to suppress evidence. Perez v. State. We affirmed the trial court's denial of Perez's motion to suppress, finding that the search at issue was based on probable cause. Id. We later denied Perez's motion for reconsideration, and the Supreme Court of Georgia denied his petition for certiorari. Id. The trial court subsequently convicted Perez of trafficking in cocaine. Perez moved for a new trial on the grounds that the trial court erred by denying his motion to suppress. The trial court denied Perez's motion for new trial. In this appeal, Perez again seeks to challenge the trial court's denial of his motion to suppress.

Perez v. State, 249 Ga. App. 399 ( 547 S.E.2d 699) (2001).

"The `law of the case' doctrine is not confined to civil cases, but applies also to rulings made by appellate courts in criminal cases." Roulain v. Martin. "Any issue that was raised and resolved in an earlier appeal is the law of the case and is binding on this Court." Whatley v. State. See also Britton v. State; Schwindler v. State. The propriety of the search at issue here was the subject matter of the prior appeal in this case. Perez, supra. We cannot revisit that issue in this appeal. See Britton, supra; Schwindler, supra.

Roulain v. Martin, 266 Ga. 353, 354(1) ( 466 S.E.2d 837) (1996).

Whatley v. State, 218 Ga. App. 608, 611-612(2) ( 462 S.E.2d 779) (1995).

Britton v. State, 257 Ga. App. 441, 443(2) ( 571 S.E.2d 451) (2002).

Schwindler v. State, 261 Ga. App. 30, 31(1) ( 581 S.E.2d 619) (2003).

Judgment affirmed. Ellington and Phipps, JJ., concur.


DECIDED SEPTEMBER 25, 2003.


Summaries of

Perez v. State

Court of Appeals of Georgia
Sep 25, 2003
263 Ga. App. 411 (Ga. Ct. App. 2003)
Case details for

Perez v. State

Case Details

Full title:PEREZ v. THE STATE

Court:Court of Appeals of Georgia

Date published: Sep 25, 2003

Citations

263 Ga. App. 411 (Ga. Ct. App. 2003)
588 S.E.2d 269

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