State v. Bertram
v.
Randy Bertram, Defendant and Appellant
Judge William W. McLees
| Appellant: | Slorby Law Office | |
| Appellee: | Nicole Ellan Foster , State's Attorney |
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I.Whether there was Insufficient Evidence to Support the Jury's Verdict of Guilty on the Charge of Criminal Trespass, and the Trial Court Erred in Denying Bertram's Motion for Judgment of Acquittal.
II.Whether Trying Bertram for both Criminal Trespass and Violation of Disorderly Conduct Restraining Order Constituted Double Jeopardy.
III.Which Conviction should be Vacated as a Result of the Double Jeopardy Violation.
IV.Whether the Court's Erred Failure to Include a Culpability Requirement for the Violation of Disorderly Conduct Restraining Order Charge Constituted Reversible Error.
V. Whether Statements regarding Felony Status of Contact by Bodily Fluids Charge Constituted Reversible Error.
VI. Whether Contact by Bodily Fluids Conviction must be Reversed due to Failure to Allege All Essential Elements in the Information.
VII.Court's Failure to inform Counsel in Writing of Contact by Bodily Fluids Jury Instruction Constituted Reversible Error.
VIII.Whether Bertram was Denied his Right to Effective Assistance of Counsel at his Contact by Bodily Fluids Trial.
IX. Whether Bertram was Denied his Right to Effective Assistance of Counsel at his Disorderly Conduct Restraining Order Trial.
Appellee's Statement of the Issues:
I. Whether there was sufficient evidence to support the jury's verdict of guilty on the charge of Criminal Trespass, and the Trial Court erred in denying Mr. Bertram's Motion for Judgment of Acquittal.
II. Whether trying Mr. Bertram for both Criminal Trespass and Violation of a Disorderly Conduct Restraining Order constituted Double Jeopardy.
III. Whether the Court's failure to include a culpability requirement for the Violation of a Disorderly Conduct Restraining Order charge constitutes reversible error.
IV. Whether the Prosecutor's statements regarding the felony class of the Contact by Bodily Fluids Charge constitutes reversible error.
V. Whether the Contact by Bodily Fluids conviction by jury must be reversed due to failure to allege essential elements in the Amended Information.
VI. Whether the Court's failure to inform trial counsel in writing of Contact by Bodily Fluids jury instruction constitutes reversible error.
VII. Whether Mr. Bertram was denied his right to effective assistance of counsel at his Violation of a Disorderly Conduct Restraining Order trial and his Contact by Bodily Fluids trial.
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