Carrying out appellate court judgments and decrees by district courts

20-108. Carrying out appellate court judgments and decrees by district courts. An appellate court of this state may require the district court of the county where any action or proceeding shall have originated to carry the judgment or decree of the appellate court into execution; and the same shall be carried into execution by proper proceedings, by such district court, according to the command of the appellate court made therein. History: G.S. 1868, ch. 27, § 7; R.S. 1923, 20-108; L. 1976, ch. 146, § 3; L. 1978, ch. 107, § 1; July 1. Source or Prior Law: L. 1861, ch. 21, § 9. CASE ANNOTATIONS 1. Trial court bound to render judgment to conform to mandate. Duffit & Ramsey v. Crozier, Judge, 30 Kan. 150, 152, 1 P. 69. 2. Law of the case doctrine precluded review of second appeal concerning untimely notice to seek hard 40 sentence. State v. Collier, 263 Kan. 629, 635, 952 P.2d 1326 (1998). 3. On a remand for resentencing on all counts, a district court has jurisdiction to consider a motion for departure unless a mandate explicitly states otherwise, or the court determines that consideration is otherwise precluded. State v. McMillan, 319 Kan. 239, 257, 553 P.3d 296 (2024). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026