Legal Question in Criminal Law in District of Columbia

If evidence from another case was admitted in trial, but the other crime should have been collateral estopped because the other crime evidence was acquitted conduct and drew analysis was raised because the gun which was not ruled the murder weapon and the defendant was acquitted of possessing that same gun in the prior trial. And the only constested element in the gun case was the possessionary element and the defense filed a suppression motion of the other crimes evident, but the judge denied the motion saying that just because the defendant was acquitted it doesnt mean he didnt posses the gun in the gun case, because the defense attorney made an error in the suppression motion but a transcript was submitted with the surpression motion. Did the judge abuse his discretion in denying the suppression motion?

Asked on 10/26/10, 2:56 pm

Phillip M. Cook Cook Legal Services, LLC

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Judges have wide discretion in ruling on motions to suppress. It's tough to prove that they abused that discretion.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

Answered on 11/04/10, 7:38 am

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