The People of the State of Colorado, Petitioner v. Mikel Morehead, Respondent.

Summary

The court held that a trial court on retrial generally retains discretion to consider new evidence, arguments, or theories concerning suppression, unless a higher court’s ruling forecloses them. The court therefore reversed the court of appeals’ restriction barring the trial court from considering additional grounds for admitting evidence seized from Morehead’s residence, while leaving the unchallenged Fourth Amendment ruling as law of the case. Justice Gabriel, joined by Justice Hood, dissented, concluding that the prosecution should not receive a second opportunity to litigate arguments available during the original suppression hearings.