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State v. Aabrekke

Docket No. 20100170
Oral Argument: Friday, February 4, 2011 1:30pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Ivan Lee Aabrekke, Defendant and Appellant
Case Type
CRIMINAL APPEAL : SEXUAL OFFENSE
Appeal From
Case No. 09-K-00129
Northeast Judicial District, Benson County
Donovan John Foughty
2011 ND 131800 N.W.2d 284
Oral Argument 2/4/2011

Highlight

Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith, but may be admissible for other purposes such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
In considering whether evidence of prior crimes, wrongs, or bad acts is admissible, a court must apply a three-step analysis to determine: (1) the purpose for which the evidence is introduced; (2) that the evidence of the prior acts is substantially reliable or clear and convincing; and (3) in criminal cases that there is proof of the crime charged which permits the trier of fact to establish the defendant's guilt or innocence independently on the evidence presented without consideration of the evidence of the prior acts.
A court must give a cautionary instruction about the limited purpose for the use of prior bad acts evidence and must further determine whether the probative value of the evidence substantially outweighs any possible prejudicial effect of the evidence.

Briefs

Filing Date Description
11/11/2010 APPELLANT BRIEF (e-filed) View
12/17/2010 APPELLEE BRIEF (e-filed) View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Ulysses Samuel Jones - 06051
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 06/11/2010 NOTICE OF APPEAL : 06/08/2010
2 07/08/2010 MOTION FOR Remand & Stay of Briefing Schedule
3 07/08/2010 ACTION BY CHIEF JUSTICE - Granted
4 07/08/2010 ORDER OF REMAND
5 07/08/2010 RECORD ON APPEAL and separates nos. 4,7,8,9,10,45,46,& 75 (not rec'd nos. 47 & 48)
6 07/19/2010 Copy of trial court order denying transcript at public expense
7 07/16/2010 1st Supplemental Clerk's Certificate of Record (entry nos. 97-99)
8 07/20/2010 2nd Supplemental Clerk's Certificate of Record (entry nos. 100-103)
9 07/22/2010 Reset due date of Appellant's Brief - Transcript preparation suspended
10 07/26/2010 Court Recorder received payment for TRA
11 07/26/2010 MOT. EXT/TIME TRANSCRIPT
12 07/26/2010 ACTION BY TRIAL COURT (MTR) - Granted : 09/07/2010
13 07/28/2010 3rd Supplemental Clerk's Certificate dated 7-27-10(Entry Nos. 105-111;not rec'd #104-Correspondence
14 07/28/2010 from SC office
15 07/28/2010 Amended Notice of Appeal
16 09/02/2010 TRANSCRIPTS DATED March 22-23,2010 (V.1) & March 24-25,2010 (V.2) & C.O.S.
17 09/02/2010 DISK - TRA dated March 22-23,2010 (V.1) & March 24-25,2010 (V.2)
18 10/04/2010 MOT. EXT/TIME APPELLANT BRIEF
19 10/04/2010 E-FILED MOTION
20 10/05/2010 ACTION BY CHIEF JUSTICE (Denied a 40-day ext., but granted a 30-day ext.) - Granted : 11/12/2010
21 11/11/2010 APPELLANT BRIEF (e-filed) View
22 11/11/2010 E-FILED BRIEF (ATB)
23 11/15/2010 Received $25 e-filing surcharge for ATB (Receipt #20056).
24 11/18/2010 APPELLANT APPENDIX (faxed) PDF
25 11/18/2010 E-FILED APPENDIX (ATA) faxed PDF
26 11/18/2010 Rec'd corrections to ATB.
27 11/22/2010 Received 7 copies of ATB from Central Duplicating.
28 11/22/2010 Received 6 copies of ATA from Central Duplicating.
29 12/17/2010 APPELLEE BRIEF (e-filed) View
30 12/17/2010 E-FILED BRIEF (AEB)
31 12/22/2010 RECEIVED 7 COPIES OF AEB FROM CENTRAL DUPLICATING.
32 12/23/2010 Received $25 surcharge for AEB (Receipt #20101)
33 01/19/2011 NOTICE OF ORAL ARGUMENT SENT
34 02/04/2011 APPEARANCES: Ulysses S. Jones; James P. Wang
35 02/04/2011 ARGUED: Ulysses S. Jones; James P. Wang
36 02/04/2011 ORAL ARGUMENT WEBCAST
37 07/13/2011 DISPOSITION
38 07/13/2011 SPLIT OPINION : Crothers, Daniel John View
39 07/13/2011 (DISSENT) : Sandstrom, Dale V.
40 07/14/2011 Judgment Sent to Parties
41 08/05/2011 MANDATE
42 11/14/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
43 03/04/2021 EXPUNGED - Nonpermanent record items destroyed