A district court's actions regarding law of the case issues is reviewed under an abuse of discretion standard. Notti v. State, 2008 MT 20, ¶ 66, 341 Mont. 183, 176 P.3d 1040 (overruled on other grounds by Whitlow v. State, 2008 MT 140, ¶ 18 n. 4, 343 Mont. 90, 183 P.3d 861).
Failure to properly apply the law of the case constitutes an abuse of discretion. State v. Gilder, 2001 MT 121, ¶ 18, 305 Mont. 362, 28 P.3d 488.