Does the law-of-the case doctrine preclude parties from seeking a reconsideration of an earlier decision in the same case?

California, United States of America


The following excerpt is from People v. Bedford, H037165 (Cal. App. 2012):

Certainly, "the law-of-the-case doctrine 'prevents the parties from seeking appellate reconsideration of an already decided issue in the same case absent some significant change in circumstances.' [Citation.]" (People v. Boyer (2006) 38 Cal.4th 412, 441.) Thus, " '[W]here an appellate court states a rule of law necessary to its decision, such rule " 'must be adhered to' " in any " 'subsequent appeal' " in the same case, even where the former decision appears to be " 'erroneous' " ' [Citations.]" (Ibid.)

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