State v. Jacobson

20070103 State of North Dakota, Plaintiff and Appellee
v.
Michael Jacobson, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, McIntosh County
Judge Bruce B. Haskell
Nature of Action: Assault
Counsel:
Appellee: Terry W. Elhard , State's Attorney
Appellant: Chad Rory McCabe
Term: 10/2007   Argument: 10/10/2007  1:30pm
ND cite: 2008 ND 73
NW cite: 747 N.W.2d 481

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
The failure of the judge to disqualify himself after openly disclosing personal bias or prejudice in favor of the State's expert witness was reversible error.

Appellee's Statement of the Issues:
Whether the district court judge was required to disqualify himself at trial because he was predisposed to believe the testimony of a disinterested prosecution witness with whom he was acquainted.

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Docket entries:
104/13/2007 NOTICE OF APPEAL: 04/12/2007
204/13/2007 ORDER FOR TRANSCRIPT: 04/12/2007
304/27/2007 TRANSCRIPT DATED April 2, 2007
404/27/2007 DISK - tra (4-2-07) (e-mailed)
505/09/2007 RECORD ON APPEAL with separate 45 (exhibits 1-5)
605/24/2007 Notice of Appearance: Chad R. McCabe for Michael Jacobson
705/24/2007 MOT. EXT/TIME APPELLANT BRIEF
805/24/2007 ACTION BY CLERK (MAT). Granted: 07/06/2007
907/05/2007 MOT. EXT/TIME APPELLANT BRIEF (faxed)
1007/05/2007 E-FILED MOTION (MAT)
1107/05/2007 ACTION BY CHIEF JUSTICE (MAT). Granted: 07/13/2007
1207/13/2007 APPELLANT BRIEF (e-filed)
1307/13/2007 E-FILED BRIEF (ATB)
1407/13/2007 APPELLANT APPENDIX (e-filed) PDF
1507/13/2007 E-FILED APPENDIX (ATA)
1607/16/2007 Received $25 surcharge for ATB (receipt #17623)
1707/16/2007 Supplemental Clerk's Certificate dated 7-13-07 (Entry Nos. 60-64)
1807/18/2007 Received 7 copies ATB from Central Duplicating.
1907/18/2007 Received 6 copies of ATA from Central Duplicating.
2008/08/2007 APPELLEE BRIEF (E-FILED)
2108/08/2007 E-FILED BRIEF (AEB)
2208/10/2007 Received $25 e-filing surcharge for AEB (Receipt #17648)
2308/13/2007 Received 7 copies of AEB from Central Duplicating
2408/21/2007 REPLY BRIEF (e-filed)
2508/21/2007 E-FILED BRIEF (RYB)
2608/23/2007 Received 7 copies of RYB from Central Duplicating.
2710/10/2007 APPEARANCES: Chad R. McCabe; Terry W. Elhard, State's Attorney
2810/10/2007 ARGUED: McCabe; Elhard
2910/10/2007 ORAL ARGUMENT WEBCAST
3004/17/2008 DISPOSITION: AFFIRMED
3104/17/2008 SPLIT OPINION: Maring, Mary Muehlen
3204/17/2008 (CONCURRING SPECIALLY): VandeWalle, Gerald W.: CONCUR
3304/17/2008 (JOINED IN CONCURRING SPECIALLY): Sandstrom, Dale V.: JN/CON
3404/17/2008 (CONCURRING IN PART, DISSENTING IN PART): Crothers, Daniel John: CON/DIS
3504/18/2008 Judgment e-mailed to Parties
3605/09/2008 MANDATE
3705/13/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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