No Abuse of Discretion Permitting State to Reopen it's Case To Prove Essential Element In Response to Defense Motion For Judgment of Acquittal

State v. Thomas, Minn.Ct.App., 7/5/2016.  In a run of bad karma Mr. Thomas found himself asleep at 4:00 a.m. behind the wheel of a Ford F250 pickup with the motor running.  He was sleeping off four Crown Royals with beer chasers that he'd consumed earlier. The cops arrested him for a gross misdemeanor DWI offense after he failed several field sobriety tests.

Things began to look up for Mr. Thomas at trial, however.  That's because the state rested its case without proving up the certified copies of Mr. Thomas' prior convictions which the state needed for the gross misdemeanor.  Defense counsel moved for a judgment of acquittal whereupon the state asked to reopen its case.  The trial court took a recess to ponder the defense motion which gave the state time enough to realize that it needed to ask to reopen its case to put in the convictions.  When the judge retook the bench the court denied the motion for a judgment of acquittal "at the same time" as it granted the state's request to reopen:

The district court denied Thomas’s motion for judgment of acquittal at the same time that it granted the state’s motion to reopen. Relying on caselaw and the relevant rule of criminal procedure, the district court determined that it had discretion to allow the state to reopen its case and present the omitted evidence. The district court also found that the missing evidence was not a surprise to the defense, nor was it cumulative; the missing evidence involved a controlling issue; and, the state did not have an improper purpose. Also, the district court noted that, even if Thomas’s motion prevailed, the state could likely amend to a misdemeanor charge.

Easy come, easy go.  

The criminal rules say that the trial court may allow any party to reopen its case to offer additional evidence.  Minn.R.Crim.P. 26.03, subd. 12(g).  The use of "may" gives the trial court discretion so its ruling is subject to an abuse of discretion standard.  Mr. Thomas, however, said that there is no discretion in his situation where he'd first moved for the judgment of acquittal.  Everyone agreed that it is impermissible for the trial court to delay ruling on that motion. State v. Penkaty, 708 N.W.2d 185 (Minn. 2006).  Mr. Thomas pointed to a Connecticut case, State v. Allen, 533 A.2d 559 (Conn. 1987) to support his argument that a court can't permit the state to reopen its case in response to a motion for a judgment of acquittal. The Connecticut court said it would simply be unfair to penalize the defense for bringing the defect in the state's case to the court's attention prior to verdict if the state could just reopen it case.  And, indeed, had Mr. Thomas awaited the verdict and then moved for an acquittal notwithstanding the verdict the state (and the appellate courts) would have screamed "Invited Error!"and sent Mr. Thomas packing.

So, it's an abuse of discretion standard.  State v. Caine, 746 N.W.2d 339 (Minn. 2008) sets out factors for the trial court to consider:

In Caine, the supreme court identified three factors: (1) when the request was made, (2) whether the evidence was material, not cumulative, and concerned a controlling issue; and (3) whether there was an improper purpose for failing to produce the evidence earlier.

 The court rather timidly cautions the state that it asks to reopen its case in these circumstances "at their peril" but their heart isn't really in it.

For Mr. Thomas:  Gotcha.