State v. Smith

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 123,856 STATE OF KANSAS, Appellee, v. SHELBERT SMITH, Appellant. SYLLABUS BY THE COURT 1. Under the doctrine of law of the case, once an issue is decided by the court, it should not be relitigated or reconsidered unless it is clearly erroneous or would cause manifest injustice. 2. The law of the case doctrine is a discretionary policy which expresses the practice of the courts generally to refuse to reopen a matter already decided, without limiting their power to do so. 3. The law of the case doctrine applies not only to matters actually decided…