State v. Boots

*574PETERSON, J.

We consider this murder case for the second time on review. The first question presented is whether, in the absence of an express order from an appellate court, a trial court may, on remand, order a limited retrial on the existence of an element of the offense of aggravated murder. If a limited retrial was permissible, the second question presented is whether the trial court erred by instructing the jury that the state, in the first trial, had proved beyond a reasonable doubt that defendant committed First Degree Robbery. We hold that the trial court order of a limited retrial was…