In People v. Rodriguez, the Supreme Court today strengthens a statute the court states is intended to “prohibit[ ] prosecutorial forum shopping” in situations where the State dismisses and then re-files criminal charges after a judge has granted a motion to suppress evidence. The statute requires that any subsequent suppression motion be heard by the “same judge” who granted the original motion if the judge is “available.” The court’s opinion by Justice Mariano-Florentino Cuéllar concludes that “[a] judge may be found unavailable . . . only if the trial court, acting in good faith and taking reasonable steps, cannot arrange for that judge to hear the motion” and that “[t]he trial court must make its finding of unavailability on the record.” In the case before it, the court holds the trial court did not adequately comply with the statute.
Justice Carol Corrigan writes a concurring opinion, suggesting that the standard established by the majority may be too stringent a restriction on trial court discretion.
The court reverses the Sixth District Court of Appeal.