May Trial Court Deviate From Appellate Mandate When Basis For Appellate Ruling Is Superseded by Supreme Court Decision?

Where High Court Overrules Precedent That Was Basis for Appellate Grant of New Trial

State of Ohio v. James Dzelajlija, Case no. 2012-0651

Eighth District Court of Appeals (Cuyahoga County)

ISSUE: When a court of appeals has remanded a case to a trial court for a new trial based on a Supreme Court precedent, and the Supreme Court issues a new decision abandoning that precedent before the trial court has commenced the defendant's new trial, may the trial court deviate from the appellate mandate and reinstate its original judgment and sentence based on the intervening Supreme Court decision?