State v. Lyon

Citations

• 938 N.W.2d 908
• 2020 ND 34

Syllabus

Issues which are beyond the scope of a remand in a prior appeal will not be addressed in a subsequent appeal after remand. Under the law of the case doctrine, a party cannot on a second appeal relitigate issues which were resolved by the court in a first appeal or which would have been resolved had they been properly presented in the first appeal. Appellate review of a sentencing court's decision is confined to whether the sentencing court acted within the limits prescribed by statute or substantially relied on an impermissible factor.