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State v. Patterson12/5/2000
inarily reexamined in the same case upon a subsequent appeal. The question decided on the first appeal is known as the law of the case, and becomes binding precedent to be followed in successive stages of the same litigation. Thus, where an appellate court states a rule of law, it is conclusively established and determinative of the rights of the same parties in any subsequent appeal or retrial of the same case. Taylor v. Nutting, 133 N.H. 451, 454, 578 A.2d 347, 348-49 (1990) (citations, quotations, and brackets omitted). The trial court's 1995 order denying the first petition does nothing to bar consideration of RSA 651:5 on any subsequent petition.
The defendant further argues that the trial court erred in ruling without the benefit of a hearing, in violation of Superior Court Rule 108. We disagree. RSA 651:5, VIII mandates dismissal, without a hearing, of any petition for annulment which does not meet the requirements of RSA 651:5, III. We have already held that the petition in this case did not meet those requirements. Accordingly, the trial court did not err in summarily dismissing the defendant's second petition.
Finally, the defendant contends that the trial court's failure to hold an evidentiary hearing denied him his right to due process under the State Constitution, and that the trial court's 1995 decision effectively modified his original concurrent sentences and gave him a right to petition again in 1998. The defendant did not raise a constitutional claim in his motion for reconsideration. As he did not bring the constitutional claim to the attention of the trial court, the issue is not preserved for appeal, and we decline to review it. See State v. Martin, 138 N.H. 508, 512, 643 A.2d 946, 948 (1994). Regarding the defendant's "modification" contention, first raised at oral argument, we note that the defendant did not raise it either in the pleadings below or his brief. Accordingly, the issue is not preserved for appeal, and we decline to review it. See State v. Scovill, 144 N.H. , , 743 A.2d 303, 308 (1999) (party precluded from raising an issue for the first time at oral argument).
Affirmed.
THAYER, J., sat for oral argument but resigned prior to the final vote; BROCK, C.J., concurred; NADEAU and DALIANIS, JJ., who took part in the final vote by consent of the parties, concurred; HORTON, J., retired, specially assigned under RSA 490:3, concurred.
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