State v. Parry

While I agree with foe majority that *936the State should not piece-meal its theories about tire legality of a search and try them seriatim, I do not agree that the law of the case doctrine applies here.

The law of tire case doctrine is a discretionaiy policy of the trial court which is not generally raised in tire first instance by an appellate court. “The law of the case doctrine is a discretionary policy which allows the court to refuse to reopen a matter already decided, without limiting its power to do so.” Davin v. Athletic Club of Overland Park, 32 Kan. App. 2d 1240, 1242, 96 P.3d 687…