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Name: People v. Anderson
Case #: A118000
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 12/17/2008

An appellate court ruling on a suppression motion must be adhered to on remand unless the evidence presented raises material factual or legal issues not considered by the original trial judge or creates the realistic possibility that the factual findings of that judge were in error. Following conviction at this second murder trial resulting from an appellate remand based on instructional error, appellant contended that the trial court erred by denying her a de novo evidentiary hearing relative to her suppression motion, instead allowing her to offer only the additional evidence not presented at the first hearing. The appellate court upheld the trial court ruling. Under the law-of-the-case doctrine, on remand, the trial court must respect legal rulings that were made on the initial appeal. Here, on the first appeal, the court upheld the denial of the suppression motion. On remand, appellant offered substantially the same evidence; therefore, the trial court was required to adhere to the initial appellate ruling on the suppression issue.