State v. Foulenfont

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a motion to dismiss an aggravating circumstance from a death penalty case could be decided pretrial if the issue could be decided as a matter of law
• holding that whether a fence constituted a structure for 17 purposes of the burglary statute presented a legal question of statutory construction 18 in light of the definition/concept of a fence
• explaining that the general purpose of the burglary statute is to protect possessory rights with respect to prohibited spaces
• explaining that “the type of harm or evil the legislature intended to prevent” when it enacted our burglary statute was to prevent the intrusion of one into the “prohibited space” of another
• allowing the dismissal of criminal charges on purely legal grounds when the district court assumes the factual predicate underlying the charges to be true
• declining to interpret a chainlink fence as a “structure” as meant in the burglary statute, which criminalizes unlawful entry into “any vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable” (internal quotation marks and citation omitted)

Source: CourtListener parenthetical corpus (CC0).