Missouri Court of Appeals, Southern District / Jan 25, 2021
STATE OF MISSOURI, Plaintiff-Respondent v. GARY D. MORTON, Defendant-Appellant
Gary Morton appealed from an amended judgment entered after resentencing, which followed a mandate from his first appeal. In his first appeal, this Court reversed his conviction on one count and remanded for resentencing on a lesser-included offense. In this second appeal, Morton attempted to raise issues of alleged trial court error that occurred prior to the first appeal but were not raised then. The appellate court affirmed the amended judgment, holding that the law of the case doctrine precluded review of issues that could have been raised in the first appeal after a limited remand for resentencing.