State v. Springmier

I would dismiss this criminal appeal because the relief requested by the state cannot be granted by this court. The state seeks a reversal and a new trial for the defendant. However, the defendant was found not guilty and it is elementary that a new trial would subject the defendant to double jeopardy.

The factual basis for my dissent is as follows: At trial the witnesses were sworn and the prosecutor presented his first witness, Deputy Daniel Maher. The officer described the circumstances surrounding the stop of the defendant, at which time, defendant's counsel moved to suppress any further…