Case is indicted
Motion to suppress is heard by court.
Motion is denied.
State finds problem with indictment and dismisses
State re-indicts case
Defendant files same MTS alleging same facts as previous motion.
Is the MTS res judicata or do we have to re-hash the whole mess? (It is in front of new judge)
A motion to suppress is just an evidentiary ruling and can be reconsidered by the court at any time before the trial is actually finished. So yeah, you'll have to go through it again. (We had to do five MTS hearings on the same case, once. It was brutal.)
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