People v. Dutra

1 Analyses of this case by attorneys

  1. Binding Authority – Law of the Case Doctrine – Inapplicable to Trial-Level Decisions

    Wisconsin State Public DefenderFebruary 25, 2006

    There is no “law of the case” to this legal dispute.Law of the case doesn’t quite bind an appellate court in a subsequent appeal in the case. Proceedings in the trial court on remand, though, may be subject to different considerations, as illustrated by People v. Dutra, 52 Cal.Rptr.3d 528 (Cal App 2006) (trial court remained subject to compliance with terms of remand, despite intervening caselaw):The trial court was bound not by law of the case but by the terms of our remittitur. A trial court may not disobey a remittitur, as that would amount to overruling the appellate court’s decision, thereby violating a basic legal principle:“Courts exercising inferior jurisdiction must accept the law declared by courts of superior jurisdiction.