State v. Aabrekke
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
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.
(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 |