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Friday, April 18, 2014
Today at the Court
Good Friday - Holiday

Top News
U.S. Supreme Court April 21 arguments
United States Supreme Court building Monday, the United States Supreme Court will hear arguments in a false advertising case involving competing pomegranate beverages and in a case on post-judgment discovery of a foreign country's assets.
  • Pom Wonderful LLC v. Coca-Cola Company
  • Argentina v. NML Capital, Ltd.
  • Judgeship retained at Valley City
    The Supreme Court has retained at Valley City the judgeship of retiring District Judge John Paulson.
    Applicants for NC judge have diverse careers
    Dillon, Louser and Martin The three attorneys who applied for the North Central Judicial District vacancy were asked to provide brief information on their background, education, and legal careers. Here are their career highlights with links to more detailed information from applicants Kelly Dillon, Stacy Louser and Robert Martin.
    Joint Procedure Committee April 24-25 agenda
    The agenda for the April 24-25 meeting of the Joint Procedure Committee and the committee's Sept. 26, 2013, minutes, have been posted.
    Officials ask for OK to raise $2.5 million in private funds for UND Law School renovation
    UND G.F. Herald: "The State Board of Higher Education Budget and Finance Committee has given UND the go-ahead to put $2.5 million more in private funds toward UND's $11.4 million Law School renovation and remodeling project and also allowed them to continue raising more money."
    U.S.: Supreme Court case could test future of broadcast TV
    USA Today: "Aaron Bailey was fed up with paying about $120 a month for satellite TV service when he heard about Aereo, a start-up company that streams live broadcast stations over the Internet for $8 to $12 a month. When it arrived in Denver last November, he signed up the first day."
    Tribes irked by slow start to U.S. land buyback program
    McClatchy Newspapers: "Is 10 years enough time to buy 10 million acres of land? Maybe not, at least for the U.S. government. Many of the nation's tribal leaders say the Obama administration is moving far too slowly with a massive plan to spend $1.9 billion to buy back thousands of parcels of land that have been sold over the years on U.S. Indian reservations."
    U.S.: When 'liking' a brand online voids the right to sue
    New York Times: "General Mills, the maker of cereals like Cheerios and Chex as well as brands like Bisquick and Betty Crocker, has quietly added language to its website to alert consumers that they give up their right to sue the company if they download coupons, join it in online communities like Facebook, enter a company-sponsored sweepstakes or contest or interact with it in a variety of other ways."
    Minn.: Supreme Court won't review Nibbe appeal
    Mankato Free Press: "A woman serving a 17-year prison sentence for shooting her husband as he slept will not have her plea reviewed by the Minnesota Supreme Court. The Court of Appeals ruled against the claim by Jennifer Nibbe, 37, that she didn't understand her plea when she pleaded guilty."
    Mont.: Job-seekers stream into Hardin prison
    Billings Gazette: "Doyle Jones brought 200 blank applications for job-seekers at the Two Rivers Detention Facility. Two hours into Wednesday's job fair, she had distributed every one of them. A colleague from Emerald Correctional Management quickly photocopied more, and Jones resumed her work greeting a steady stream of applicants by mid-morning Wednesday."
    Montana Supreme Court: Fighting words from car grounds for ticket
    Montana State Seal KXLH News: "Using ethnic slurs and other 'fighting words' to harass people is not Constitutionally-protected speech, even if directed from inside a vehicle at a pedestrian where the possibility of a physical altercation is minimal, the Montana Supreme Court said Tuesday."
  • Opinion Text: City of Billings v. Nelson

  • North Dakota
    The Supreme Court at Trenton Public School—The April 14, 2014 photos
    The Court at Trenton On April 14, the Supreme Court traveled to Trenton Public School in Williams County, near the confluence of the Yellowstone and Missouri Rivers, to meet with students and to hear arguments in a case, State v. Juntunen. Here are the photos.
  • Taking the Court to the Schools
  • Williston Herald: Supreme Court justices visit Trenton
  • 3 apply for North Central District Judge
    Three lawyers have applied to fill the North Central District Judge vacancy created by the retirement of Judge William McLees. They are: Kelly A. Dillon, Stacy J. Louser, and Robert W. Martin, all of Minot.
    6 apply for South Central Judicial District vacancy
    Six lawyers have applied to fill the South Central District Judge vacancy that will be created by the retirement of Judge Donald Jorgensen. The applicants are: Steven Balaban, Arnold Fleck, Wayne Goter, Brian Grosinger, Parrell Grossman, and Todd Schwarz. All are from Bismarck except Grosinger, who is from Mandan.
    New Opinion: April 16
    The Supreme Court posted one new opinion on April 16.
    Appellate practice tip of the week
    Make sure you are appealing something appealable. Not every order or ruling that may be reviewed on appeal is itself appealable.
  • Other appellate practice tips
  • Olson investiture to be held April 25
    Judge Thomas Olson A formal investiture ceremony for new East Central Judicial District Judge Thomas R. Olson is set for 2 p.m. on Friday, April 25, in Fargo. Olson began his judicial work on March 17.
  • Governor appoints Olson to fill EC vacancy
  • Judgeship retained at Bismarck
    Taking judicial notice of its prior proceeding, the Supreme Court has ordered the judgeship of resigning District Judge Donald Jorgensen retained at its present location and filled as provided by law.
  • Governor intends to appoint new judge for Jorgensen
  • Judge Jorgensen resigns effective July 3
  • Courthouse plans presented
    Beulah Beacon: "Mercer County Commissioners got a firsthand look at new plans for an updated courthouse and jail last week. The plans were brought in by Scott Fettig, of Klein-McCarthy Architects. Fettig presented numerous options for building renovations and additions, including one plan that would add an extra floor to the county courthouse."
  • Bismarck Tribune: Bakken briefly
  • Judge strikes down N.D. fetal heartbeat abortion law
    G.F. Herald: "A federal judge on Wednesday struck down a North Dakota law that would ban abortions after a heartbeat is detected, calling it 'an invalid and unconstitutional law' that would ban nearly all abortions at the state's only clinic providing the procedure."

    Federal
    U.S. appeals court upholds hazardous air pollution rule
    Reuters: "In a victory for the Obama administration, a U.S. appeals court on Tuesday upheld a regulation that would limit emissions of mercury and other hazardous pollutants mainly from coal-fired power plants, starting next year."
  • Opinion Text: White Stallion Energy Center v. EPA
  • U.S.: Banana Lady's lawsuit slips up in appeals court
    Chicago Tribune: "It's not every day that the sober justices of the 7th Circuit U.S. Court of Appeals include photos in their written opinions--let alone one of a woman in a banana suit. But a decision handed down Monday shows Catherine Conrad in a giant banana costume festooned with a bright blue bow, arms outstretched and smiling."
  • Opinion Text: Conrad v. AM Community Credit Union
  • U.S.: Pentagon plans major review of military justice system
    Stars and Stripes: "The Defense Department, under pressure from Congress to re-examine the way it handles sexual assault cases, announced Tuesday a comprehensive review of the entire military justice system. 'It's been over 30 years since the military code of justice was reviewed. It's simply time,' said Lt. Col. J. Todd Breasseale, a Pentagon spokesman."
    U.S.: Man who disrupted Supreme Court gets time served
    Associated Press: "A demonstrator who interrupted arguments at the U.S. Supreme Court in February and whose group posted video of the protest online, a first for the court, has been sentenced to time served."
    U.S.: Obama grants clemency to correct a sentence extended by a court typo
    McClatchy Newspapers: "President Barack Obama on Tuesday commuted the sentence of a drug convict, correcting a mistake that had extended his prison time by more than three years and could not be fixed by the courts."

    Minnesota
    Reform on sex offenders stalls in Minnesota Legislature
    Minnesota Great Seal Minneapolis Star Tribune: "The pressure to overhaul a state sex offender treatment program that has been called 'clearly broken' by a federal judge is mounting daily, but the Legislature may not act in time to prevent court intervention. With just weeks to go in the session, Gov. Mark Dayton and legislators are blaming one another for failing to address the problems identified by Judge Donovan Frank."
  • MPR News: Sex offender bill deadlocked despite judge's pressure
  • Phone scam about jury service hits four Minnesota counties
    Minnesota Public Radio: "A phone scam involving jury duty has been reported by residents and prospective jurors in four Minnesota counties. The scam has been reported in Olmsted, Rice, Dakota and Ramsey counties, where residents have reported receiving phone messages about failing to return a jury summons."
  • Minnesota Judicial Branch: Jury phone scam reported
  • Minnesota Supreme Court reinstates no-parole sentence
    St. Paul Pioneer Press/AP: "A man who was 17 when prosecutors say he raped and killed a teenage girl won't be eligible for release from prison. The Minnesota Supreme Court on Wednesday reversed a lower court decision that gave Tony Roman Nose a chance to seek parole."
  • Opinion Text: State v. Roman Nose

  • South Dakota
    S.D.: State embraces new approach to crime, punishment
    Mitchell Daily Republic: "When sweeping reforms to South Dakota's criminal justice system were passed last year, Denny Kaemingk knew the task ahead was a daunting one. Kaemingk, secretary of the state Department of Corrections, has helped oversee the implementation of the vast reforms contained in Senate Bill 70, which became law last year."
    Justice to retire from South Dakota Supreme Court
    Justice John Konenkamp Aberdeen American News: "This year is the 20th, and the last, that Justice John Konenkamp will serve on [the] South Dakota Supreme Court. He notified Gov. Dennis Daugaard in a letter that he intends to retire Dec. 31."

    Montana

    Other States and Jurisdictions

    Jobs
    Job Announcement
    A job announcement for an attorney with the North Dakota Insurance Department in Bismarck has been posted.
    Job Announcement
    A job announcement for a Temporary Administrative Assistant I with the Juvenile Court in Bismarck has been posted.
    Job Announcement
    A job announcement for a Juvenile Drug Court Coordinator with the Juvenile Court in Bismarck has been posted.
    Job Announcement
    A job announcement for a contract attorney with the Stutsman County Board of Commissioners in Jamestown has been posted.
    Job Announcement
    A job announcement for a Contract Attorney with the Commission on Legal Counsel for Indigents in the North Central Judicial District has been posted.
    Job Announcement
    A job announcement for a District Court Law Clerk with the District Court in Grafton has been posted.
    Job Announcement
    A job announcement for a Juvenile Court Officer I with the Juvenile Court in Devils Lake has been posted.
    Job Announcement
    A job announcement for a Contract Attorney with the Commission on Legal Counsel for Indigents in the South Central Judicial District has been posted.
    Job Announcement
    A job announcement for a Legal Secretary with the McKenzie County State's Attorney's office in Watford City has been posted.
    Job Announcement
    A job announcement for five Law Clerks with the North Dakota Supreme Court in Bismarck has been posted.

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