State v. Korsen

WALTERS, Justice.

This appeal by the State seeks review of a decision by a magistrate that held a provision of Idaho’s trespass statute, I.C. § 18-7008(8), unconstitutional because of vagueness. The magistrate’s decision was upheld on an intermediate appeal to the district court and, upon an alternative analysis, the district court further ruled that the statute in question was unconstitutional also on grounds of over-breadth. By cross-appeal, the respondent, David Korsen, contends that the district court erred in concluding that Korsen was not protected under double jeopardy principles…