In what circumstances will a motion be heard by the Court of Appeal?
MultiRegion, United States of America
The following excerpt is from United States v. Winkles, 795 F.3d 1134 (9th Cir. 2015):
In light of the discretionary nature of the law of the case doctrine and the motions panel's decision to expressly refer the issue to this panel, we decline to apply the law of the case doctrine and will consider the merits of Winkles's arguments. See United States v. Alexander, 106 F.3d 874, 876 (9th Cir.1997) (stating that a departure from the law of the case is appropriate where there has been an intervening change in the law or other changed circumstances exist).
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