state v jacobson 2005 case brief

The court precluded the state from introducing the bag of hair into evidence on the ground that it could lead to speculation by the jury. The defendant claims that the court improperly admitted into evidence fifty-nine photographs. The defendant argues that the admission of the photographs was improper because it allowed evidence and testimony that tended to suggest a criminal propensity, even though the photographs were not in any way connected to the commission of the crimes charged. The court sentenced the defendant to a total effective term of twenty years imprisonment, execution suspended after fifteen years, with twenty years probation. Although we agree with the defendant that the court's evidentiary ruling was improper, we conclude that the impropriety was harmless. Our holding is grounded in constitutional law and our recognition that it is fundamental that criminal defendants have a due process right to explain their conduct to a jury. State v. Brechon, 352 N.W.2d 745, 751 (Minn.1984); see also In re Oliver, 333 U.S. 257, 273, 68 S.Ct. The defendant, Keith Jacobson (the defendant), ordered child pornography through a government sting operation. At the time of the events alleged in the complaint, Jacobson was the owner and operator of Jakes, a strip club located at 15981 Clayton Avenue in Coates, Minnesota. WebJacobson v. United States - 503 U.S. 540 Rule: In order to convict an individual of a crime after the government intervenes, the government bears the burden of proof to prove that At a time when federal law permitted such conduct, petitioner Jacobson ordered and received 95 K 643 Southeast Judicial District, Stutsman County Mikal Simonson 545 N.W.2d 152 View Opinion Highlight Briefs Counsel The judge instructed the jury on Jacobsons entrapment defense. But by law and the evidence allowed to be presented to you, the state is limited in only those certain facts.. See State v. Gombert, 80 Conn.App. We note that Coates has a population of approximately 163 people. 320, 66 L.Ed.2d 148 (1980). Yet, he can't remember the last name of this young boy whose hair it was, that you had in your possession and considered hockey memorabilia. The defendant argues that the state's comment implied that he was not a believable person and raised suspicions as to his private conduct. The defendant next claims that the state engaged in prosecutorial misconduct as a result of three comments made by the prosecutor during closing argument. For example, they did not have any direct connection with the crimes charged; but see State v. Springmann, 69 Conn.App. Synopsis of Rule of Law. If we allow this to happen, we are all in trouble. 283, 295-96, 853 A.2d 532, cert. The jury reasonably could have found the following facts. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. denied, 263 Conn. 901, 819 A.2d 837 (2003). The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) The court of appeals held that the defenses of good faith reliance on the advice of counsel and good faith reliance on an official interpretation of the law are available defense [s] to a defendant charged with a specific intent crime and that the district court prematurely concluded that any reliance was unreasonable. Synopsis of Rule of Law. - Legal Principles in this Case for Law Students. WebUnited States. The defendant, Scott Jacobson, appeals from the judgments of conviction, rendered following a trial to the jury, of nine counts of sexual misconduct involving two victims.1 As to the first victim, M, the defendant was convicted of two counts of sexual assault in the first degree in violation of General Statutes 53a-70(a)(2) and two counts of risk of injury to a child in violation of General Statutes (Rev. The state responds that the challenged statements do not constitute prosecutorial misconduct and, alternatively, that even if the comments were improper, they were not so prejudicial as to deprive the defendant of his right to a fair trial. The prior misconduct evidence in the present case is distinguishable from that in Ellis in two key respects: It lacked not only the sheer quantity of testimony in Ellis, but also any allegation of abuse. The defendant asserts that if the testimony was offered simply for that purpose, there was no need to introduce the fact that K's son had slept in the same bed with the defendant. The government did not meet their burden because there was no proof, other than the then legal purchase of pornographic materials by the defendant that would indicate a predisposition to commit a crime. In the letter, Chief Deputy Prokopowicz informed the city that the Dakota County Attorney's Office had concluded that there was no criminal wrongdoing by the police officers and thus the office was closing its investigation of the matter.3 Jacobson asserted in his affidavit that [w]ith Mr. Tigue's counsel and [advice], and relying on a review of Minnesota's election laws and the letter by Mr. Prokopowicz, he and several of his employees devised a plan to get people to register to vote using Jakes as a residence.. In so holding, we recognize that the court of appeals' statement that the requisite intent was intent to conspire, Jacobson, 681 N.W.2d at 405, is incorrect. We hold the PTSD diagnoses and "cold" expert testimony were properly excluded and affirm the trial court's decisions. to 1997) 53-21(2). In Jenkins, during rebuttal argument, the prosecutor stated: Where is justice in our society? denied, 201 Conn. 805, 513 A.2d 700 (1986). ARGUMENT I. Situating Jacobson In Its Historical The defendant argued the defense of entrapment, claiming his order came only after twenty six months of mailings from the government. In response, Prokopowicz sent him a copy of the letter he had written to the assistant city clerk. granted on other grounds, 263 Conn. 923, 823 A.2d 1216 (2003). State v. Jacobson, 31 Conn. App. 4. Service 2901, 92 Daily Journal DAR 4584, 6 Fla. L. Weekly Fed. 653, 654-55, 509 A.2d 1098 (testimony by defendant's wife that she found magazines in defendant's room that depicted naked girls about same age as victim was probative of the fact that the defendant regarded young girls as objects of sexual interest, and was thus relevant to the charges against him), cert. When read in isolation, the prosecutor's allegedly improper comment might constitute what the defendant describes in his brief as an invitation to imagination: Who knows what those complicated legal rules might conceal? When read in context, the comment merely explains the limitations of constancy of accusation testimony, namely, that [t]estimony is to be restricted to such facts as the identity of the alleged perpetrator and the timing of the victim's complaint, details to be limited to those necessary to associate the victim's complaint with the pending charge (Internal quotation marks omitted.) Web***** state of connecticut v. SCOTT JACOBSON (AC 23983) Bishop, West and Dupont, Js. Case No. With those 2 In his final claim, the defendant asserts that the court violated his right to due process of law when it instructed the jury that it would not require specific times, dates and places that will render prosecution of those who sexually abuse children impossible. That instruction, he argues, diluted the state's burden to prove his guilt beyond a reasonable doubt. The defendant was not found with any other illegal materials. At a pretrial hearing, the state brought a motion seeking to exclude evidence concerning an unrelated election law complaint and the response to that complaint by the Dakota County Attorney's Office. The first incident occurred when he slept at the defendant's home, in the same bed, and awoke to find the defendant touching his penis with his hands and mouth. For several years, Jakes has been the subject of substantial local legal controversy.1 On October 11, 2002, the Dakota County Treasurer-Auditor's Office reported that it received 93 Minnesota voter registration cards and voter change of address cards listing 15981 Clayton Avenue, Coates, Minnesota-Jakes' address-as the voters' place of residence.2 While the registrants signed the voter registration cards certifying that they maintain[ed] residence at the address given on the registration form, Dakota County property tax records indicate that Jakes is a bar/tavern with four bathrooms and no bedrooms. To demonstrate why the prior misconduct evidence in the present case was harmless, we compare it to that in a case in which it was deemed harmful. 519, 523, 787 A.2d 625 (2002); see also State v. Gonzalez, 205 Conn. 673, 694, 535 A.2d 345 (1987) (Callahan, J., concurring) (state's burden of proof beyond a reasonable doubt applies only to the essential element or elements of a crime [emphasis added]). However, in explaining the intent required to establish conspiracy we have stated: A conscious and intentional purpose to break the law is an essential element of the crime of conspiracy ***. State v. Kuhnau, 622 N.W.2d 552, 556 (Minn.2001) (emphasis added). According to B, while he was in the third grade, he was sexually assaulted by the defendant on three occasions. denied, 267 Conn. 915, 841 A.2d 220 (2004). 4307, 92 Cal. Thus, the Court in Cheek held that the defendant's good faith belief that the tax laws did not impose any duties on him did not have to be objectively reasonable in order to be considered by the jury as evidence negating his intent. Ct. R. 37.1. It was there that the defendant met nine year old M, one of B's teammates, and M's mother, a divorcee. 5. A state statute was alleged to be unconstitutional for requiring vaccination. State v. Tennin, 674 N.W.2d 403, 406 (Minn.2004). Under Minn. R.Crim. As to the second victim, B, the defendant was convicted of one count of attempt to commit sexual assault in the first degree in violation of General Statutes 53a-49(a)(2) and 53a-70(a)(2), one count of sexual assault in the third degree in violation of General Statutes 53a-72a(a) (1)(A) and three counts of risk of injury to a child in violation of General Statutes (Rev. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Before undertaking that inquiry, we note that because closing arguments often have a rough and tumble quality about them, some leeway must be afforded to the advocates in offering arguments to the jury in final argument. The judge is going to tell you about a term called constancy of accusation. And, basically, the state is limited in gathering information from these witnesses as to the who, what, when and where. He continued: Some of the witnesses, the mom, [a police] detective the grandmother can only testify as to limited issues here in terms of what was said to them. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. State v. Anderson, 74 Conn.App. We disagree with the defendant. Because the trial court impropriety is not constitutional in nature, on appeal, the defendant has the burden to establish harm flowing from that error to obtain a reversal of the judgment. [T]he Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which [the accused] is charged It is axiomatic that the state is required to prove all the essential elements of the crimes charged beyond a reasonable doubt in order to obtain a conviction. (Internal quotation marks omitted.) Id., at 207 n. 8, 748 A.2d 318. Moreover, apart from the challenged testimony, there was ample evidence to support the defendant's conviction. WebWe discuss briefly, first, the issue of the sufficiency of the evidence produced at trial. WebJacobson (2005), Richard Joseph Jacobson was charged with conspiracy to procure unlawful voting and conspiracy to commit forgery. WebJacobson was arrested when the magazine was delivered. Id., at 539, 800 A.2d 1200. State v. Tate, supra, 85 Conn.App. The state argues that Jacobson is precluded from using any evidence of his reliance at trial because the district court found that Jacobson's reliance on advice of counsel and on an official interpretation of the law was unreasonable. Subsequent to his pleas of not guilty, Jacobson filed a motion to dismiss on due process grounds. Jacobson v Massachusetts was decided just a few years after a major outbreak of smallpox in Boston that resulted in 1596 cases and 270 deaths between 1901 and 1903.6 The outbreak reignited the smallpox immunization debate, and there was plenty of hyperbole on both sides. The defendant next claims that the court improperly admitted into evidence testimony concerning a ziplock bag of hair. First, the evidence must be relevant and material to at least one of the circumstances encompassed by the exceptions Second, the probative value of the evidence must outweigh its prejudicial effect. The government received defendant's name as a potential target for future pornography-encouraging mailings. Defendant challenged the affirmance. Without directly addressing whether the defenses exist in Minnesota, the court concluded that, under the circumstances, Jacobson could not assert the defenses because his reliance on advice of counsel and reliance on the Dakota County Chief Deputy's letter as an official interpretation of the law was unreasonable. The court further concluded that the excluded evidence was irrelevant because the state does not have to prove that the Defendant and others believed those registering to vote would not be criminally prosecuted.. B said nothing and eventually fell back asleep. With those principles in mind, we address the four alleged instances of prosecutorial misconduct. 1068, 25 L.Ed.2d 368 (1970); see LaFave, supra, 5.6(a), at 395 (Instead of speaking of ignorance or mistake of fact or law as a defense, it would be just as easy to note simply that the defendant cannot be convicted when it is shown that he does not have the mental state required by law for the commission of that particular offense.); 1 Paul H. Robinson, Criminal Law Defenses 62(b), at 248 (1984); cf. All rights reserved. This case comes to us on appeal from questions certified to the Minnesota Court of Appeals from the Dakota County District Court regarding two mistake of law defenses-reliance on advice of counsel and reliance on an official interpretation of the law. The defendant explained that the photographs were, in large part, hockey memorabilia, pictures given to him by parents of hockey players whom he had coached throughout the years. During that time, the defendant expressed a special interest in B, encouraging him to play hockey, helping him with his schoolwork and letting him sleep at his home a few nights a week. That does not mean, however, that the absence of an objection at trial does not play a significant role in our analysis of the defendant's claim. denied, 272 Conn. 901, 863 A.2d 696 (2004). In support of his argument, the defendant asserts that other decisions have deemed similar comments improper. Id., at 659, 431 A.2d 501. In a case involving an evidentiary ruling, it is the defendant's burden to show that it is more probable than not that the court's action affected the result Some degree of prejudice inevitably accompanies the admission of evidence of a defendant's other misconduct. (Internal quotation marks omitted.) denied, 260 Conn. 934, 802 A.2d 89 (2002); nor were they sexually explicit. 671, 676, 817 A.2d 719, cert. As we stated above, the defenses at issue here are fundamentally evidentiary issues relating to the defendant's mental state. In the Court's view, forbidding the jury to consider evidence that might negate willfulness would raise a serious question under the Sixth Amendment's jury trial provision. Id. K accepted the offer. We conclude that the prosecutor's comments were not improper and, thus, reject the defendant's claim. The first comment challenged by the defendant was: I don't mean to suggest to you that that's the only information. 111, 124, 826 A.2d 241, cert. Accordingly, we conclude that it was improper for the court to admit those photographs into evidence. WebJacobson (2005): Case Brief Stephanie Arteaga Department of Social Work, Aurora University CRJ 2420: Criminal Law Professor Steve Emberton September 15, 2021. That said, it cannot be inferred logically that if the defendant was guilty of the uncharged misconduct, he also must have been guilty of the charged offenses involving M and B. Defendant Jacobson was in the Happy Warrior alone sometime between a little after 9 p.m. to a little after 9:30 p.m. (The bar had closed early that evening, about 9 p.m., and the bartender on duty had left.) His mother put the hair in a manila envelope with a little certificate they made on a computer, and a letter from his mother explaining [that] this is official [team] hair.. 498 U.S. at 200, 111 S.Ct. The state petitioned this court for review of the court of appeals' decision, which we granted. 240, 96 L.Ed. 06-K-00061 Southeast Judicial District, McIntosh County Bruce B. Haskell EXT/TIME APPELLANT BRIEF 8: This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Jacobson claimed while he was a child, a vaccine had made him seriously ill. He was ordered to pay a $5 fine, but refused to pay it, claiming that compulsory inoculation violated both the state and federal constitutions. Jacobson was subsequently charged with conspiracy to procure unlawful voting in violation of Minnesota state 204C.14 ( 3). One week later, K learned that her son had slept in the same bed with the defendant. denied, 498 U.S. 967, 111 S. Ct. 429, 112 L. Ed. Stay up-to-date with how the law affects your life. He ejaculated in the defendant's mouth and cried himself to sleep. The matter had been referred by the Hennepin County Attorney's Office to the Dakota County Attorney's Office, presumably because of a conflict of interest. Held. The defendant also cites State v. Gold, 180 Conn. 619, 431 A.2d 501, cert. The defendant suggested that her son take up ice hockey, but K informed him that she had neither the time nor the money for him to do so. 6, 1992), Jacobson v. United States, 503 U.S. 540, 112 S. Ct. 1535, 118 L. Ed. Jacobson v. United States ( 503 U.S. 540, 1992) U.S. Supreme Court ruled that the government's action of repeatedly, for two and a half years, sending a man advertisements of material of a sexual nature causing the man to order an illegal sexually oriented magazine, constituted entrapment. He first cites State v. Mills, 57 Conn.App. For example, in Cheek v. United States, the United States Supreme Court determined that when a federal tax law requires willfulness as an element of the offense, the defendant's good faith belief that he is not violating the law could negate intent because willfully, as used in certain federal tax laws, requires the specific intent to violate the law. After his arrest, the only evidence the police found that indicated that Jacobson was interested in child pornography were the letters and brochures sent to him by the government. Defendant's entrapment defense failed. The court of appeals answered both questions in the affirmative. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. State v. Izzo, 82 Conn.App. Daily Op. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. The second incident occurred a few weeks after the first incident. The court of appeals also concluded that Jacobson is entitled to present evidence of his reliance as part of his due process right to present a defense and explain denied, 271 Conn. 928, 859 A.2d 584 (2004). Specifically, he argues that the prosecutor denied him his right to a fair trial by alluding to matters outside the record and by appealing to the jury's emotions. WebMassachusetts (1905), the Supreme Court upheld a states mandatory compulsory smallpox vaccination law over the challenge of a pastor who alleged that it violated his religious We therefore hold that, on the record before us and based on the pending charges, Jacobson has a right to present evidence that he relied on Tigue's advice and on Chief Deputy Dakota County Attorney Prokopowicz's letter regarding the Minneapolis police officer matter. to 1997) 53-21(2). WebJacobson declares that even when exercising police powers in an emergency, states still are limited by constitutional rights. State v. Jacobson, 31 Conn. App. Daily Op. After his arrest, the only evidence the police found that indicated that Jacobson was interested in child Did the government prove, beyond a reasonable doubt, that thedefendant was predisposed to the crime before the government t solicited him with the mailings? In applying these principles to the present case, the Appellate Court concluded that the trial court had abused its discretion in allowing the state to adduce K's testimony. Jacobson v. United States, 503 U.S. 540 (1992) JACOBSON v. UNITED STATES. The Court also held that, as a matter of law, the government failed to establish that defendant was independently predisposed to commit the crime for which he was arrested. In doing so, she came across the defendant's brief-case in a closet next to his bedroom, in which she discovered, among other things, fifty-nine photographs, primarily of young boys, including two of M and four of B. denied, 261 Conn. 924, 806 A.2d 1063 (2002). See id., at 271, 829 A.2d 919. The prosecutor stated that the defendant kind of knew there was going to be an issue. State v. Hage, 595 N.W.2d 200, 205 (Minn.1999) (addressing the allocation of the burden of proof for defenses and recognizing that a defendant cannot be required to shoulder the burden of persuasion for her proffered defense when the mitigating circumstance or issue disproves or negates an element of the crime charged). 2003). The questions certified in this case, although framed in terms of the defenses of reliance on advice of counsel and reliance on an official interpretation, are fundamentally evidentiary issues relating to Jacobson's intent. Rather the evidence relates to disproving or negating an element of the crime charged. We disagree. Id., at 658, 431 A.2d 501. Its rationale was that all of the pictures involved, with the exception of one where there is a young girl there, all of them are young boys. The email address cannot be subscribed. The additional photographs allowed the jury to infer that the six photographs of the victims held no special significance to the defendant. In November 2002, two council seats and the mayor position were on the ballot. And it's going to show, keeping those pictures, his proclivity or interests in young boys. The court instructed the jury, however, that possession of the photographs was not criminal and that the jury was free to decide what weight, if any, to give the evidence. denied, 266 Conn. 919, 837 A.2d 801 (2003). We conclude that the jury instruction at issue in this case-that the court would not require specific times, dates and places that will render prosecution of 440, 457, 866 A.2d 678, cert. Jacobson argues the trial court erred when it precluded two experts from testifying she suffered from post-traumatic stress disorder (PTSD) and a "cold" expert from testifying about the general hormonal effects of pregnancy. In reversing the lower courts' rulings, the Supreme Court held that the governmentoverstepped the line between setting a trap for the "unwary innocent" and the "unwary criminal." State v. Jenkins, 7 Conn.App. In 1995, as coach of a youth ice hockey team, the defendant met seven year old B, whose older brother was a member of the team, and B's mother. 633, 644-45, 813 A.2d 1039, cert. While the district court can impose limits on the testimony of a defendant, the limits must not trample on the defendant's right to a fair trial. That said, this case is more akin to State v. Jenkins, 70 Conn.App. 4. On October 4, 2002, a federal district court filed an order closing Jakes. He purchased a cell phone for M and called him regularly for updates on his schoolwork. K was the sole witness to testify as to the defendant's alleged prior misconduct, and she never alleged that the defendant abused her son. Thus, we conclude that the prosecutor's comment was not improper. After ruling in favor of the state, at Jacobson's request pursuant to Minn. R.Crim. That said, we cannot conclude, as did our Supreme Court in Ellis, that the testimony of prior misconduct had a tendency to excite the passions, awaken the sympathy, or influence the judgment, of the jury (Internal quotation marks omitted.) In this opinion the other judges concurred. 319, 325, 848 A.2d 1271 (2004). S 166 (U.S. Apr. He checked on B a couple of times a week to find out how he was faring in school and with sports.

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