Hallman

After denial of his pretrial motion to suppress evidence pursuant to Penal Code section 1538.5 1 and exhaustion of his pretrial remedies of review of that denial, Robert Samuel Hallman pleaded guilty of driving under the influence of intoxicating beverages (Veh. Code, § 23152(b)). He then unsuccessfully appealed to the appellate department of the San Diego Superior Court arguing his pretrial motion was erroneously denied on procedural grounds and asked that court to reconsider its earlier ruling and to reverse itself. That appellate body unanimously affirmed the judgment of the municipal court, finding Hallman was precluded from raising the identical issue again postconviction on the basis of the doctrines of collateral estoppel, res judicata, or alternatively, the law of the case. The appellate department certified the matter to this court to resolve as a question of first impression in California “whether post conviction review of a Penal Code section 1538.5 motion is barred by the doctrines of res judicata and collateral estoppel where there has been an interim appeal on the identical issue pursuant to Penal Code section 1538.50.”

After certification and oral…

I concur in part I of the judgment. I agree the doctrines of res judicata, collateral estoppel and law of the case do not bar Hallman from seeking further review of the denial of his Penal Code section 1538.5 motion in his appeal from the judgment of conviction. I dissent from the balance of the opinion.

I

My first point of disagreement is with the majority’s insistence that we review an issue not certified to us by the appellate department of the superi- or court. The hierarchical system within which we work presupposes a winnowing process in which legal and factual issues are first decided at the lowest level. It necessarily requires restraint by higher courts so that the refinement process at the lower level can first occur before higher court intervention.

In applying the doctrine of the law of the case to deny Hallman’s appeal, the appellate department did not reach the issue discussed at length by the majority in part II. The appellate department certified this case to us solely because of the question which we answer in part I. There is nothing in the appellate department’s order or in any of the documents in the record before us suggesting the appellate department was…

After denial of his pretrial motion to suppress evidence pursuant to Penal Code section 1538.5 [1] and exhaustion of his pretrial remedies of review of that denial, Robert Samuel Hallman pleaded guilty of driving under the influence of intoxicating beverages (Veh. Code, § 23152(b)). He then unsuccessfully appealed to the appellate department of the San Diego Superior Court arguing his pretrial motion was erroneously denied on procedural grounds and asked that court to reconsider its earlier ruling and to reverse itself. That appellate body unanimously affirmed the judgment of the municipal court, finding Hallman was precluded from raising the identical issue again postconviction on the basis of the doctrines of collateral estoppel, res judicata, or alternatively, the law of the case. The appellate department certified the matter to this court to resolve as a question of first impression in California "whether post conviction review of a Penal Code section 1538.5 motion is barred by the doctrines of res judicata and collateral estoppel where there has been an interim appeal on the identical issue pursuant to Penal Code section 1538.5(j)."

After certification…