State v. Jacobsen
|
| 20070105 |
State of North Dakota, Plaintiff and Appellee
v.
Pete Jacobsen, Defendant and Appellant
|
| Appeal from: |
District Court,
Northeast Judicial District,
Benson County
Judge Lee A. Christofferson |
|
Nature of Action: |
Misc. Statutory Offense (Felony)
|
| Counsel: |
|
| Term: |
12/2007 Argument: 12/17/2007 01:30pm
|
| ND cite: |
2008 ND 52
|
| NW cite: |
746 N.W.2d 405
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| Issues: |
Appellant's Statement of the Issues:
I. Was the trial court's factual finding that there was a probation violation clearly erroneous when the probationer substantially complied with all conditions of probation and the restitution was paid in full approximately six months before
required under the conditions of probation, the defendant was seeking employment or self employed with a measurable income, and there was no enumerated probation condition requiring equity from a home sale to be used to repay the restitution?
II. Did the trial court abuse its discretion when finding there were probation violations without conducting the requisite inquiry into the reason for failure to pay and consideration of adequate alternative methods for punishment?
Appellee's Statement of the Issues:
I. Was the district court's factual finding of probation violation clearly erroneous?
II. Was the district court's decision to revoke or modify probation an abuse of discretion?
|
|
 Add Docket 20070105 RSS
|
| 1 | | 04/18/2007 | |
NOTICE OF APPEAL: 04/16/2007 |
| 2 | | 04/18/2007 | |
ORDER FOR TRANSCRIPT: 04/13/2007 |
| 3 | | 04/13/2007 | |
MOTION FOR Release (emailed) (Notice of appeal faxed to clerk's office by attorney) |
| 4 | | 04/13/2007 | |
E-FILED MOTION |
| 5 | | 04/16/2007 | |
Efiling surcharge received as motion was over the page limit (receipt no. 17353) |
| 6 | | 04/18/2007 | |
ACTION BY SUPREME COURT (Motion for Release). Denied |
| 7 | | 04/23/2007 | |
Acknowledgment of OTR and request for Retention Of Record: 06/05/2007 |
| 8 | | 04/30/2007 | |
Motion for Remand to the District Court (for a determination of indigency) |
| 9 | | 04/30/2007 | |
NO ACTION TAKEN (remand not necessary) |
| 10 | | 06/04/2007 | |
TRANSCRIPT DATED APRIL 12, 2007 |
| 11 | | 06/05/2007 | |
DISK-TRA(4/12/07) |
| 12 | | 06/05/2007 | |
CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPT (4/12/07 TRA) |
| 13 | | 06/14/2007 | |
RECORD ON APPEAL & Exhibits |
| 14 | | 06/20/2007 | |
TRANSCRIPTS DATED 6/7/06, 1/25/07, & 4/3/07 |
| 15 | | 06/21/2007 | |
DISK-TRAS DATED 6/7/06, 1/25/07, & 4/3/07 |
| 16 | | 06/21/2007 | |
CLERK'S CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS |
| 17 | | 06/21/2007 | |
Certificate of service of copy of 4/12/07 transcript to Coral Mahler |
| 18 | | 07/23/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 19 | | 07/23/2007 | |
ACTION BY CLERK. Granted: 08/29/2007 |
| 20 | | 08/06/2007 | |
Correspondence dated 8/1/07 from J. Parrington advising that he has no objection to MAT. |
| 21 | | 08/15/2007 | |
Withdrawal and Substitution of Counsel signed by Mr. Jacobsen |
| 22 | | 08/16/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 23 | | 08/16/2007 | |
ACTION BY CHIEF JUSTICE. Granted: 09/28/2007 |
| 24 | | 08/20/2007 | |
Attorney's Certificate of Service by Mail re: Motion for Extension of Time |
| 25 | | 08/20/2007 | |
Attorney's Certificate of Service by Mail re: Withdrawal and Substitution of Counsel |
| 26 | | 08/22/2007 | |
Supplemental Clerk's Certificate dated 8-21-07 (Entries 55 - 71)) |
| 27 | | 09/21/2007 | |
APPELLANT BRIEF (PDF) (E-filed) |
| 28 | | 09/21/2007 | |
E-FILED BRIEF (ATB) (PDF) |
| 29 | | 09/21/2007 | |
APPELLANT APPENDIX (E-filed) |
| 30 | | 09/21/2007 | |
E-FILED APPENDIX (ATA) |
| 31 | | 09/24/2007 | |
Received $25 surcharge for ATB (Receipt #17697) |
| 32 | | 09/25/2007 | |
Received copies of Appellant Appendix from Central Duplicating |
| 33 | | 09/25/2007 | |
Received copies of ATB from Central Duplicating |
| 34 | | 10/23/2007 | |
APPELLEE BRIEF |
| 35 | | 10/30/2007 | |
Corrected TOA for AEB |
| 36 | | 10/30/2007 | |
Certificate of Service of corrected TOA on opposing counsel |
| 37 | | 10/30/2007 | |
DISK - aeb (e-mailed) |
| 38 | | 12/17/2007 | |
APPEARANCES: Jessica J. Ahrendt; James P. Wang |
| 39 | | 12/17/2007 | |
ARGUED: Ahrendt; Wang |
| 40 | | 12/17/2007 | |
ORAL ARGUMENT WEBCAST |
| 41 | | 03/20/2008 | |
DISPOSITION: AFFIRMED |
| 42 | | 03/20/2008 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 43 | | 03/24/2008 | |
Judgment e-mailed to Parties |
| 44 | | 04/14/2008 | |
MANDATE |
| 45 | | 04/18/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |