State v. Thomas
Annotate this CaseDefendant was charged with gross misdemeanor second-degree driving while impaired. The matter proceeded to trial. After the State rested, Defendant made a motion for judgment of acquittal, arguing that there was insufficient evidence to convict him of the offense. Thereafter, the State asked to reopen its case-in-chief. The district court granted the State’s motion to reopen and then denied Defendant’s motion for judgment of acquittal. The jury found Defendant guilty as charged. The court of appeals affirmed, concluding that the district court did not err when it granted the State’s motion to reopen its case-in-chief before considering Defendant’s motion for judgment of acquittal. The Supreme Court affirmed, holding that, under the circumstances of this case, the district court did not abuse its discretion when it permitted the State to reopen its case-in-chief in response to Defendant’s motion for judgment of acquittal.
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