State v. Jacobs
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| 20070033 |
State of North Dakota, Plaintiff and Appellee
v.
Nicole Eileen Jacobs, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Sonna M. Anderson |
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Nature of Action: |
Drugs/Contraband
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| Counsel: |
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| Term: |
11/2007 Argument: 11/06/2007 11:00am
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| ND cite: |
2007 ND 176
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| NW cite: |
742 N.W.2d 839
Listen to recording of oral argument
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| 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.
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| 1 | | 01/29/2007 | |
NOTICE OF APPEAL: 01/24/2007 |
| 2 | | 01/29/2007 | |
ORDER FOR TRANSCRIPT: 01/24/2007 |
| 3 | | 02/28/2007 | |
RECORD ON APPEAL w/Separates (Entry Nos. 26, 32, & 33). Not sent were Exhibits (Entry No. 29). |
| 4 | | 03/20/2007 | |
MOT. EXT/TIME TRANSCRIPT |
| 5 | | 03/20/2007 | |
ACTION BY TRIAL COURT (MTR). Granted: 04/24/2007 |
| 6 | | 04/12/2007 | |
TRANSCRIPT DATED November 14 & 15, 2006 |
| 7 | | 04/12/2007 | |
Certificate of Service of Copies of Transcript |
| 8 | | 04/12/2007 | |
DISK - TRA of Nov 14 & 15, 2006 |
| 9 | | 05/16/2007 | |
APPELLANT BRIEF |
| 10 | | 05/16/2007 | |
DISK - ATB (emailed) |
| 11 | | 05/16/2007 | |
APPELLANT APPENDIX |
| 12 | | 06/14/2007 | |
APPELLEE BRIEF |
| 13 | | 06/14/2007 | |
DISK - AEB (e-mailed) |
| 14 | | 06/14/2007 | |
Appellant's Motion to Remand or to file Supplemental Brief. RspDue: 06/28/2007 |
| 15 | | 06/27/2007 | |
State's Response to Appellant's Motion to Remand or to file a supplemental brief |
| 16 | | 07/12/2007 | |
ACTION BY SUPREME COURT (Motion to Remand). Granted |
| 17 | | 07/12/2007 | |
ORDER OF REMAND |
| 18 | | 07/12/2007 | |
Order of Remand Mailed to Parties, trial court, clerk |
| 19 | | 07/16/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 20 | | 09/27/2007 | |
REFILED RECORD ON APPEAL w/Separates (Entry Nos. 26, 32, & 33), & TRA dated 11-14&15-06. Not sent |
| 21 | | 09/27/2007 | |
were Entries No. 29 (Exhibits) and 44 (Ct. Reporter notes) |
| 22 | | 11/06/2007 | |
APPEARANCES: Kent M. Morrow; Cynthia M. Feland, Asst. State's Attorney |
| 23 | | 11/06/2007 | |
ARGUED: Morrow; Feland |
| 24 | | 11/06/2007 | |
ORAL ARGUMENT WEBCAST |
| 25 | | 11/14/2007 | |
DISPOSITION: AFFIRMED BY SUMMARY DISP. |
| 26 | | 11/14/2007 | |
UNANIMOUS OPINION: Per Curiam |
| 27 | | 11/15/2007 | |
Judgment E-Mailed to Parties |
| 28 | | 12/07/2007 | |
MANDATE |
| 29 | | 12/13/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |