The People of the State of Colorado, Petitioner v. Mikel Morehead, Respondent. — Gabriel, J., Dissenting

Summary

Justice Gabriel's dissent would have affirmed the appellate division's ruling, reasoning that the prosecution had a full and fair opportunity to litigate the suppression motion and could not reopen it on remand to present arguments and evidence it previously chose not to offer. The dissent relied on law-of-the-case and preclusion principles to prevent suppression hearings from being conducted piecemeal and to avoid serial relitigation. Justice Hood joined the dissent.