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Thackston v. State

Collateral estoppel precluded the state from relitigating the legality of the searches leading to the methamphetamine seized from the defendant's person and home, because the trial court fully heard both parties and the grant of the defendant's motion to suppress was a final judgment for the purpose of collateral estoppel.

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After methamphetamine was seized from the person and home of probationer Hulon Thomas Thackston, Jr., the state indicted him for certain drug-related offenses and sought to revoke his probation. Thackston moved to suppress the methamphetamine in his criminal case and in his probation revocation case. The trial court in the criminal case granted the motion to suppress, and the criminal charges were nolle prossed. Thackston then filed a plea in bar in his probation revocation case, arguing that the state was precluded from relitigating the suppression issue based upon the doctrine of collateral estoppel. The probation court disagreed and denied the plea in bar, declined to suppress the methamphetamine, and revoked Thackston’s probation. Thackston filed an application for discretionary review from the order revoking his probation, which we granted. For the reasons discussed below, the probation court erred in denying Thackston’s plea in bar because relitigation of the motion to suppress was precluded by the collateral estoppel doctrine. Accordingly, we reverse. The relevant facts are not in dispute. In 2001, Thackston pled guilty in Douglas County to several offenses relating to the sale and distribution of methamphetamine. He thereafter was released on probation.

On March 24, 2007, officers with the Paulding County Sheriff’s Office stopped Thackston for a traffic violation, searched his vehicle and his person, discovered methamphetamine in his pants, and arrested him. Paulding County charged Thackston with possession of methamphetamine, and Douglas County issued a probation warrant for his arrest as a result of the new drug offense.

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