People v. Izquierdo-Flores

I respectfully dissent. In my opinion, our original decision permitting the State to charge defendant with first-degree murder established the law of the case, and our supreme court’s decision in People v. Williams, 204 Ill. 2d 191 (2003), is not contrary to this holding. For the following reasons, I would affirm defendant’s conviction of first-degree murder.

LAW OF THE CASE DOCTRINE

Under the law of the case doctrine, issues presented and disposed of in a prior appeal are binding and control in the trial court upon remand, as well as in the appellate court in a subsequent appeal (Zabinsky v.…