Law of the Case prevents judge from fixing his mistake
Harry Bobo was convicted in 2002 of unlawful sexual conduct with a minor and was placed on community control (probation). In 2008 the trial judge found that Bobo violated terms of his community control because Bobo failed to report to his community control officer (probation officer). Even though the State presented no witnesses or evidence, the trial judge found that Bobo violated terms of his community control and sentenced Bobo to 12 years in prison! The Court of Appeals for Cuyahoga County reversed and remanded in 2010-Ohio-3405. On remand, the trial judge held a second hearing on the issue, found Bobo violated the terms of his community control and sentenced him to 12 years in prison. Bobo had to appeal again. The Court of Appeals reversed the judgment of the trial court and ordered Bobo discharged in 2011-Ohio-4503. The Court of Appeals pointed out that "the law of the case doctrine dictates that insufficient evidence was presented to prove that Bobo violated community control." The Court stated that the doctrine "provides that the decision of a reviewing court in a case remains the law of the case on the legal questions involved for all subsequent proceedings in the case at both the trial and reviewing levels.
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