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State v. Jacobsen

Docket No. 20070105
Oral Argument: Monday, December 17, 2007 1:30pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Pete Jacobsen, Defendant and Appellant
Case Type
CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
Appeal From
Case No. 06-K-0001
Northeast Judicial District, Benson County
Lee A. Christofferson
2008 ND 52746 N.W.2d 405
Oral Argument 12/17/2007

Highlight

An order revoking probation is reviewed under a two-step analysis, determining (1) whether the factual finding of a probation violation was clearly erroneous and (2) whether the district court abused its discretion when it decided revocation of probation was warranted.
Although the State generally has the burden of proving by a preponderance of the evidence that the defendant violated the terms of probation, when revocation proceedings are triggered by a failure to pay restitution, the defendant has the burden to raise and prove an inability to pay restitution as ordered by the court.
A sentencing court generally may revoke probation and impose incarceration for failure to pay restitution only after considering the reason for nonpayment and whether there are adequate alternative forms of punishment, but this limitation does not apply when restitution is ordered as part of a plea agreement.


Briefs

Filing Date Description
09/21/2007 APPELLANT BRIEF (PDF) (E-filed) View
10/23/2007 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Jessica Johanna Ahrendt - 06231
APPELLEE STATE'S ATTORNEY James Peter Wang - 04664

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
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) View
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 View
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
42 03/20/2008 UNANIMOUS OPINION : Crothers, Daniel John View
43 03/24/2008 Judgment e-mailed to Parties
44 04/14/2008 MANDATE
45 04/17/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
46 11/01/2017 EXPUNGED - Nonpermanent record items destroyed