State v. Bernsdorf
v.
Justin Frederick Bernsdorf, Defendant and Appellee
Judge Richard L. Hagar
| Appellant: | Bradford Alan Peterson , State's Attorney | |
| Appellee: | Robert Wade Martin |
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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:
[1] What remedy is sought by the State and whether the State may appeal from a Judgment of Acquittal?
[2] 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?
[3] 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?
[4] Whether the relief requested by the State-if any-would operate as an impermissible collateral attack on the Judgment of Acquittal?
[5] Whether the relief requested by the State is, in fact, an attempt to solicit an impermissible advisory opinion from this Court?
[6] Whether the State's appeal of the Judgment of Acquittal fails for lack of jurisdiction?
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