State v. Krebs

Citations

• 2025 ND 71

Syllabus

The State's appeal from a district court's judgment of acquittal entered after the court granted the defendant's renewed N.D.R.Crim.P. 29 motion is dismissed. The court's ruling that there was insufficient evidence to sustain the defendant's conviction is a true judgment of acquittal from which the State is not permitted to appeal. The Court exercises its authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative exists. The fact that the State may be unable to appeal the district court's ruling does not necessarily create extraordinary circumstances justifying supervisory jurisdiction.