State v. Bernsdorf
State of North Dakota, Plaintiff and Appellant
Justin Frederick Bernsdorf, Defendant and Appellee
North Central Judicial District,
Judge Richard L. Hagar
|Nature of Action:||Dui/Dus|
|Term:||06/2010  Argument: 06/14/2010|
|ND cite:||2010 ND 123|
784 N.W.2d 126
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
Whether evidence of a person's act of driving should be deemed by the District Court to be relevant and generally admissible in the administration of actual physical control causes of action under N.D.C.C. 39-08-01, which states in pertinent part that a person may not drive or be in actual physical control of a vehicle while under the influence of intoxicating liquor.
Appellee's Statement of the Issues:
 What remedy is sought by the State and whether the State may appeal from a Judgment of Acquittal?
 Whether the State's attempt to characterize an appeal of a Judgment of Acquittal as a request for supervisory writ after filing the Notice of Appeal, which Notice further mischaracterized the Judgment of Acquittal as an order of dismissal, constitutes a proper request for this Court to exercise original jurisdiction under the circumstances presented?
 Whether the Double Jeopardy Clause of the Fifth Amendment of the Constitution of the United States, made binding upon this Court by the operation of the Fourteenth Amendment to the Constitution of the United States, as well as Article I, Section 12 of the Constitution of the State of North Dakota, operate to bar the relief requested-if any-by the State?
 Whether the relief requested by the State-if any-would operate as an impermissible collateral attack on the Judgment of Acquittal?
 Whether the relief requested by the State is, in fact, an attempt to solicit an impermissible advisory opinion from this Court?
 Whether the State's appeal of the Judgment of Acquittal fails for lack of jurisdiction?
|Add Docket 20100017 RSS|
|1||01/15/2010 NOTICE OF APPEAL: 01/13/2010|
|2||01/15/2010 ORDER FOR TRANSCRIPT: 01/13/2010|
|3||01/20/2010 Acknowledgment of OTR & RETENTION OF RECORD ON APPEAL: 03/04/2010|
|4||02/02/2010 TRANSCRIPT DATED December 16, 2009 & C.O.S.|
|5||02/02/2010 DISK - tra (12/16/09) (e-mailed)|
|6||02/05/2010 RECORD ON APPEAL|
|7||03/02/2010 Letter from Carl Flagstad. He has not been retained for the appeal.|
|8||03/08/2010 MOT. EXT/TIME APPELLANT BRIEF|
|9||03/09/2010 ACTION BY CLERK (MAT). Granted: 03/29/2010|
|10||03/10/2010 MOT. EXT/TIME APPELLANT BRIEF|
|11||03/10/2010 ACTION BY CLERK (MAT). Granted: 04/13/2010|
|12||03/15/2010 Notice of Appearance of Robert W. Martin for Appellee Justin Bernsdorf|
|13||03/17/2010 Supplemental Clerk's Certificate of Record dated March 12, 2010 (Entry Nos. 25-32).|
|14||04/08/2010 APPELLANT BRIEF|
|15||04/08/2010 APPELLANT APPENDIX|
|16||04/09/2010 DISK-ATB (CD-ROM)|
|17||05/03/2010 APPELLEE BRIEF (e-filed)|
|18||05/03/2010 E-FILED BRIEF (AEB)|
|19||05/05/2010 Received 7 copies of AEB from CSD|
|20||06/06/2010 Received Affidavit of Service of State's Brief on Judge Hagar|
|21||05/07/2010 AEB surcharge fee paid 5-7-10 through inter-departmental billing|
|22||05/18/2010 NOTICE OF ORAL ARGUMENT SENT|
|23||06/11/2010 Citation of Supplemental Authority (State v. Lee, 2010 ND 88) under Rule 28(k)|
|24||06/14/2010 APPEARANCES: Bradford A. Peterson, Asst. State's Attny.; Robert W. Martin|
|25||06/14/2010 ARGUED: Peterson; Martin|
|26||06/14/2010 ORAL ARGUMENT WEBCAST|
|27||06/30/2010 DISPOSITION: DISMISSED|
|28||06/30/2010 UNANIMOUS OPINION: Crothers, Daniel John|
|29||07/01/2010 Judgment Sent to Parties|
|31||08/01/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|