State v. Jacobs - Calendar

11:00am Tuesday, November 6, 2007
20070033 State of North Dakota, Plaintiff and Appellee
v.
Nicole Eileen Jacobs, Defendant and Appellant
Appeal from: South Central Judicial District,
Judge Sonna M. Anderson
Nature of Action: Drugs/Contraband
Counsel:

Appellant: Kent M. Morrow
Appellee: Cynthia Mae Feland , Asst. State's Attorney

Issues: Appellant's Statement of the Issues:
1. Did the trial court commit reversible error when it ruled, as a matter of law, that Theodore Jamerson Elementary School located on the United Tribes Technical College campus, was a public school for purposes of Section 19-03.1-23?
2. Did the trial court commit reversible error when it refused to grant a Rule 29 motion following conclusion of the State's case?
3. Did the trial court commit reversible error when it ruled that defense counsel could not agree, during closing arguments that the State had to prove Theodore Jamerson Elementary School was a public or private school as an element of the charge?
4. Did the trial court commit reversible error when it determined that the "within 1000 feet of a school" requirement was a sentence enhancer and not an element of the crime?
Appellee's Statement of the Issues:
I. There is no reversible error as a result of the district court's statements or findings of law.
II. The district court properly denied Jacobs' Rule 29 motion.
III. The district court did not commit reversible error by limiting closing arguments to issues of fact at dispute.
Briefs:
Case Summary
Appellant Brief
Appellee Brief
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Generated from Supreme Court Docket on 11/30/2007