State ex rel. Keith v. Gaul
Annotate this CaseIn 1995, Jeffrey Keith was found guilty of arson and grand theft. In 2015, after a long procedural history, Keith petitioned the Court of Appeals to order the original judge in his case, Judge Gaul, to rule on his motion for leave to file a delayed motion for a new trial. When Keith filed his motion in 2002, Judge Gaul had been assigned to the case, but the case was later assigned to Judge Russo. Judge Russo filed a motion for summary judgment, which the court of appeals granted. The Supreme Court affirmed, holding that because a ruling on Keith’s 2002 motion would be constrained by the law-of-the-case doctrine, issuing a writ ordering such a ruling would be a “vain act.”
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