Miller-Jenkins: Jurisdiction raised in first challenge, can't be raised again during enforcement

APPEALS – LAW OF CASE DOCTRINE – REPEATED APPEALS.  In another unpublished Miller v. Jenkins case, at 24 VLW 1026 (2/26/10) the Court of Appeals upheld a trial court order that the juvenile court's registration and enforcement of a foreign (Vermont) order giving visitation to a homosexual former “wife” of the mother was proper.  The Court of Appeals upheld it, saying that the “law of the case” doctrine governed, because the appellant mother raised the issues of jurisdiction and enforceability in the first case she filed, and that any distinction argued by her is a distinction without a difference.  The issues were all reached and decided in Miller-Jenkins I.