State v. Soto

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 117,059 STATE OF KANSAS, Appellee, v. ROGELIO SOTO, JR., Appellant. SYLLABUS BY THE COURT 1. The mandate rule applies to prevent district court action on remand only when an issue has already been finally settled by earlier proceedings in a case, including issuance of the appellate mandate. If a final settlement of an issue has occurred, the district judge is not free to expand upon or revise that history. The mandate rule does not, however, prevent a district judge from doing whatever else is necessary to dispose of a case. This means the…