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Tuesday, March 3, 2015
Appellate practice tip of the week
Don't answer a question with a question.
  • Other appellate practice tips
  • Helen Hamilton Day CLE to be held March 3
    Helen Hamilton Each year, The University of North Dakota Law Women's Caucus hosts Helen Hamilton Day in honor of the first female graduate from UND's School of Law. This year's event is on Tuesday, March 3. The event has been approved for 3 CLE credits in both North Dakota and Minnesota. The event is free and no registration is needed.
  • Helen Hamilton Day Brochure
  • Judicial Conference Executive Committee March 5 agenda
    The agenda for the March 5 meeting of the Executive Committee of the North Dakota Judicial Conference and the committee's Nov. 24, 2014, minutes have been posted.
    U.S. Supreme Court opinion: March 3
    United States Supreme Court building The United States Supreme Court has issued an opinion in a case involving a Colorado law that requires online retailers to advise customers about Colorado's use tax and to report sales information to the state revenue department.
  • Direct Marketing Assn. v. Brohl
  • U.S. justices raise doubts about Arizona redistricting commission
    Reuters: "The U.S. Supreme Court on Monday appeared skeptical of a voter-approved plan that stripped Arizona state lawmakers of their role in drawing congressional districts in an bid to remove partisan politics from the process."
    U.S. Supreme Court March 3 arguments
    Tuesday, the United States Supreme Court will hear arguments in a case on whether an ordinance that allows police to inspect hotel guest registries without a warrant is constitutional and a case on whether a state court's determination that a trial court committed a harmless error amounts to an "adjudication on the merits."
  • City of Los Angeles v. Patel
  • Chappell v. Ayala
  • U.S. Supreme Court March 4 arguments
    Wednesday, the United States Supreme Court will hear arguments in a case on whether the IRS can give tax credits to participants of federally-run health insurance marketplaces established under the Affordable Care Act.
  • King v. Burwell
  • Minn.: Sentence upheld in 2012 Duluth stabbing
    Minnesota Great Seal Duluth News Tribune: "When Donald William Laquier Jackson was sentenced to prison last year, a judge described his severe criminal history as 'atrocious.' Laquier Jackson already had felony convictions for murder and assault."
  • Opinion Text: State v. Laquier Jackson
  • Minn.: Tribes press for power to stop autopsies
    MPR News: "Mushkoob Aubid's family only wanted to take him home. The 65-year-old spiritual leader died Feb. 7, a day after his car veered off a northern Minnesota highway and struck a utility pole. The family planned a four-day ritual based on the traditional Ojibwe religion known as Midewiwin that included ceremonial washing and dressing of the body."
    Study: Minnesota's drug courts continue to lower recidivism and jail costs
    Minneapolis Star Tribune: "Minnesota's specialty drug courts continue to significantly reduce recidivism and lower incarceration and its related costs for drug court participants, according to a study released Monday by the state's judicial branch."
  • Minnesota Judicial Branch News Release
  • S.D.: High court won't overturn death sentence
    SDPB News: "A South Dakota death row inmate's conviction and sentence stand. A ruling from the United States Supreme Court Monday denies Rodney Berget's request to overturn the state court's decision. This puts an end to any direct appeals to his murder conviction and capital sentence."
    Montana prosecutors honored
    Great Fall Tribune/AP: "The U.S. Department of Justice's inspector general honored the Montana U.S. Attorney's Office for its work to weed out fraud involving federally funded programs on Indian reservations. Executive Assistant U.S. Attorney Carl Rostad of Great Falls accepted the Collaboration Award on Feb. 27 in Washington, D.C., on behalf of the U.S. Attorney's Guardians Project."
    Job Announcement
    A job announcement for a Programmer Analyst I with the Court System Information and Technology Division in Bismarck has been posted.

    North Dakota
    Amendments to court rules take effect March 1
    Amendments to the Rules of Civil Procedure, Criminal Procedure, Court, and the Administrative Rules will take effect March 1, 2015. Here is a review of the rule changes.
  • Amendments to North Dakota Rules as Adopted
  • The Third Branch: This Week on the Hill
    North Dakota Capitol For March 2-5, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted.
  • 64th Legislative Assembly
  • New Opinion: Feb. 25
    The Supreme Court posted a new opinion on Feb. 25.
    Pattern Jury Instruction Commission March 5-6 agenda
    The agenda for the March 5-6 meeting of the Pattern Jury Instruction Commission and the commission's Oct. 2-3, 2014, minutes have been posted.
    March Term of Court
    North Dakota Supreme Court
    The March term of court has been posted, including issues and briefs.
    Not Licensed to Practice Law
    The State Board of Law Examiners reports that a license to practice law for calendar year 2015 has not been issued to a number of attorneys who were licensed for calendar year 2014. The online list is being updated hourly.
    Court seeks comment on proposed amendments to juvenile rules and policies
    The Supreme Court is seeking comment on proposed amendments to the Rules of Juvenile Procedure, Rule of Evidence 1101, and the Judicial System Policies. Comments are due March 31.
    Family law mediator applications now being accepted
    Applications are now being accepted for mediators to mediate for the Family Mediation Program in the Northeast Central, South Central, and the North Central Judicial Districts. In order to be considered, applicants must meet the criteria set forth in Rule 8.9; or have a minimum of 40 hours of mediation training and 4 years of experience in family mediation.
  • N.D.R.Ct. 8.9: Rostort of Alternative Dispute Resolution Neutrals
  • Registration open for Adult Guardianship Symposium
    Registration is now open for the Adult Guardianship/Elder Justice Symposium March 11-12 at the Ramkota Hotel in Bismarck. The free symposium is sponsored by the N.D. Court System. It is open to judges, attorneys, guardians, financial advisors, legislators, health care professionals, social workers, law enforcement, and any others who work with the elderly.
    Eighth Circuit decides N.D. case
    U.S. Court of Appeals for the Eighth Circuit The United States Court of Appeals for the Eighth Circuit has affirmed a judgment against a North Dakota company in a federal taxation case.
  • North Central Rental & Leasing v. United States
  • New Grand Forks County bar officers installed
    The Greater Grand Forks County Bar Association installed new officers for the upcoming year at its February meeting. Larry Richards was sworn in as president, Cassie Schveing as vice president and Alyssa Albus as Secretary/Treasurer.˙Surrogate Judge Joel Medd administered the oath.

    U.S. Supreme Court March 2 arguments
    United States Supreme Court building Monday, the United States Supreme Court will hear arguments in a case on whether Arizona's use of a commission to adopt congressional districts permissible under the Constitution and a case on whether teachers who are obligated to report suspected child abuse are agents of law enforcement.
  • Arizona State Legislature v. Arizona Independent Redistricting Commission
  • Ohio v. Clark

  • Minnesota
    Little-known tax trial this month may lead to big Minnesota payout
    Fargo Forum: "Minnesota could be on the hook for $700 million in refunds should it lose a case pending in state tax court. The case, involving how multistate corporations calculate tax liability in Minnesota, is scheduled to be heard later this month."

    South Dakota
    Drug court helps stabilize prison population in South Dakota
    G.F. Herald: "Since July 2013, 262 people statewide have enrolled in the five drug courts and four DUI courts and 216 of those have stayed out of the penitentiary, according to statistics from the state. Fifty-two have graduated from the programs. Each participant has three years to complete a drug court program, serving a minimum of 18 months to be successful."
    S.D.: All votes support juvenile justice reform
    SDPB News: "A Pierre committee is moving forward with reforms to South Dakota's juvenile justice system. Legislation that changes the way the state handles young offenders has now passed three of four steps to getting on the governor's desk."


    Other States and Jurisdictions
    The first two law schools to drop the LSAT could be just the beginning
    Bloomberg News: "Two law schools said [in February] that they would begin accepting applicants who have not taken the Law School Admissions Test, a move that may help curb weak interest and plunging enrollments in law schools across the country."

    Job Announcements
    Job Announcement
    A job announcement for a State's Attorney for Renville County in Mohall has been posted.
    Job Announcement
    A job announcement for a temporary attorney (public defender) with the Commission on Legal Counsel for Indigents in Williston has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney with the Ward County State's Attorney's Office in Minot has been posted.
    Job Announcement
    A job announcement for a Court Reporter with the District Court in Valley City has been posted.
    Job Announcement
    A job announcement for a Court Reporter with the District Court in Fargo has been posted.
    Job Announcement
    A job announcement for an Electronic Court Recorder with the District Court in Williston 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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