What is the test for determining whether a defendant has exhausted his state court remedies on his double jeopardy and due process claims?

As a threshold matter, Arizona asks us to reconsider our conclusion that Falcone exhausted his state court remedies on his double jeopardy and due process claims. We do not do so, because our previous ruling is now the law of the case. "The law of the case doctrine 'ordinarily precludes a court from re-examining an issue previously decided by the same court ... in the same case.' " United States v. Caterino, 29 F.3d 1390, 1395 (9th Cir.1994) (quoting United States v. Maybusher, 735 F.2d 366, 370 (9th Cir.1984)). This litigation has proceeded for three years based on our conclusion that the claims were exhausted, and we will not now hold that they were not. ² Accord United States v. Foumai, 910 F.2d 617, 621 (9th Cir.1990) ("Double Jeopardy challenges raise special concerns that deserve immediate appeal to prevent the defendant from being subjected to further ... violation of [his] constitutional rights") (direct appeal).