Dorwart v. Caraway

specially concurs.

¶79 I concur in our Opinion. Before discussing the substance of my special concurrence, however, I am compelled to address Chief Justice Gray’s contention that our Opinion-and presumably my special concurrence-violate the “law of the case” doctrine as regards our discussion and holding on due process. I agree that the law of the case doctrine is an important rule; it is axiomatic that we have applied it many times. Notwithstanding, this doctrine is not applicable in the present situation given the posture of this case vis-a-vis Dorwart I. First the law.

¶80 In her dissent,…