State v. Dreewes

*814 ¶ 1 This case concerns the interplay of the law of the case doctrine and accomplice liability: specifically, whether the State's assumption of the burden to prove an element added to the "to convict" instruction for second degree assault also altered the State's burden of proof as to accomplice liability. Under the circumstances of this case, we hold that the Court of Appeals improperly applied the State's assumed burden under the law of the case context to the State's burden to prove accomplice liability, we reverse the Court of Appeals and reinstate defendant's conviction for accomplice to…