State v. Jacob
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| 20060103 |
State of North Dakota, Plaintiff and Appellee
v.
Kenneth Albin Jacob, Jr., Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Steven E. McCullough |
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Nature of Action: |
Homicide
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| Counsel: |
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| Term: |
10/2006 Argument: 10/05/2006 10:15am
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| ND cite: |
2006 ND 246
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| NW cite: |
724 N.W.2d 118
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the trial court erred in denying Defendant's rule 29 motion because, as a matter of law, there was insufficient evidence on which to find Defendant guilty beyond a reasonable doubt.
II. Whether the judgment should be reversed because the guilty verdict on the charge of leaving the scene of an accident involving death is not supported by the evidence.
III. Whether the judgment on the charge of leaving the scene of an accident involving death should be reversed because it is inconsistent with the rest of the jury's decision.
IV. Whether the conviction for leaving the scene of an accident involving death should be reversed because the trial court committed obvious error in the instructions defining the crime and its elements and this error substantially prejudiced the
rights of the defendant.
Appellee's Statement of the Issues:
I.The trial court was correct in denying Defendant's Rule 29 motion, there was sufficient evidence to find Defendant guilty beyond a reasonable doubt
II.Judgment should be upheld because there was sufficient evidence for the jury to find Jacob guilty of leaving the scene of an accident causing death.
III.The judgment should be upheld because the jury's verdict was not inconsistent.
IV.The trial court properly instructed the jury in defining the crime and its elements so there was no prejudice to Jacob' rights.
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| 1 | | 04/06/2006 | |
NOTICE OF APPEAL: 04/04/2006 |
| 2 | | 04/06/2006 | |
ORDER FOR TRANSCRIPT: 04/04/2006 |
| 3 | | 04/21/2006 | |
RETENTION OF RECORD ON APPEAL: 05/24/2006 |
| 4 | | 04/25/2006 | |
Transcripts dated 6-17-05; 6-23-05; 11-2-05; & 2-27-06 (4 vols.) |
| 5 | | 04/25/2006 | |
DISK - tra (6-17-05;6-23-05;11-2-05; & 2-27-06) (e-mailed) |
| 6 | | 05/23/2006 | |
MOT. EXT/TIME TRANSCRIPT (Catherine Jorgensen) |
| 7 | | 05/23/2006 | |
ACTION BY TRIAL COURT (Judge McCullough). Granted: 06/05/2006 |
| 8 | | 06/06/2006 | |
MOT. EXT/TIME TRANSCRIPT (Sua Sponte) |
| 9 | | 06/06/2006 | |
ACTION BY CLERK (MTR). Granted: 06/06/2006 |
| 10 | | 06/06/2006 | |
TRANSCRIPTS DATED July 14, 2005, October 5, 2005, February 8, 2006, February 9, 2006, |
| 11 | | 06/06/2006 | |
February 10, 2006, March 24, 2006 |
| 12 | | 06/07/2006 | |
DISK - TRAs 7-14-05, 10-5-05, 2-8-06, 2-9-06, 2-10-06, 3-24-06 (e-mailed) |
| 13 | | 06/06/2006 | |
RECORD ON APPEAL (separates 17(confidential), 52-63(exhibits), 81(confidential)(not rec'd - |
| 14 | | 06/06/2006 | |
entries 18, 22, 24 (tapes), 49, 62 & 63(large exhibits), 84 & 88(steno notes) |
| 15 | | 06/23/2006 | |
Supplemental Clerk's Certificate dated 06/22/2006 (Entry Nos. 95 & 96) |
| 16 | | 07/17/2006 | |
APPELLANT BRIEF |
| 17 | | 07/17/2006 | |
APPELLANT APPENDIX |
| 18 | | 07/18/2006 | |
DISK - ATB |
| 19 | | 08/16/2006 | |
APPELLEE BRIEF (e-filed) |
| 20 | | 08/16/2006 | |
E-FILED BRIEF (AEB) |
| 21 | | 08/18/2006 | |
Received $25 surcharge for AEB (Receipt #16947) |
| 22 | | 08/18/2006 | |
Made 7 copies of AEB |
| 23 | | 08/22/2006 | |
Consent to Appearance of Christene Beaupre (letter from Mark R. Boening dated 8-12-06) |
| 24 | | 10/05/2006 | |
APPEARANCES: Steven D. Mottinger; Mark R. Boening, Christene Beaupre--third-year law student |
| 25 | | 10/05/2006 | |
ARGUED: Mottinger; Boening |
| 26 | | 11/28/2006 | |
DISPOSITION: AFFIRMED |
| 27 | | 11/28/2006 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 28 | | 11/29/2006 | |
Judgment Mailed to Parties |
| 29 | | 12/22/2006 | |
MANDATE |
| 30 | | 12/27/2000 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |