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Friday, April 25, 2014
Today at the Court
Joint Procedure Committee - Fargo

Top News
U.S. Supreme Court April 28 arguments
United States Supreme Court building Monday, the United States Supreme Court will hear arguments in a patent infringement case and a public employee whistleblower retaliation case.
  • Nautilus, Inc v. Biosig Instruments Inc.
  • Lane v. Franks
  • N.D. Attorney General opinion: April 24
    North Dakota Attorney General Wayne Stenehjem has issued an opinion that the Dickinson State University Foundation is subject to the state's open records law because it performs fundraising and other governmental functions on behalf of DSU.
    Minnesota: Courthouse renamed: Most fitting tribute to Devitt conducted Tuesday in Fergus
    Fergus Falls Journal: "Senior Judge Myron H. Bright, a friend and colleague of the late Judge Edward J. Devitt, remembers getting calls from Judge Devitt, saying he was coming to Fergus Falls to preside over cases at the United States Courthouse '"Let's get up to that Detroit Lakes Country Club and play a little golf,"' Judge Bright said, recalling Judge Devitt's part of the conversation. 'And that we did. He loved coming to Fergus Falls.'"
    February 2014 N.D. bar examination results
    Of the 42 applicants who sat for the North Dakota bar examination in February, 26 passed, for a 62 percent overall pass rate. For those taking the North Dakota examination for the first time, 68 percent passed. University of North Dakota School of Law graduates who sat for the first time in North Dakota had a 55 percent pass rate. A May 12 admission ceremony is planned.
    May Term of Court
    North Dakota Supreme Court
    The May term of court has been posted, including issues and briefs.
    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.
    U.S.: Arcane arguments, big stakes as Supreme Court hears N.C. cleanup case
    Greenwire: "The Supreme Court grappled with abstruse legal terminology [April 23] at the heart of an electronics manufacturer's bid to torpedo a case brought by two dozen North Carolina landowners accusing the company of contaminating their groundwater with industrial solvents."
    Minn. Supreme Court ruling adds pressure to fix sexual offender system
    Minnesota Great Seal Minnesota Public Radio: "The Minnesota Supreme Court [April 23] warned district court judges to be more wary when statistics are used to civilly commit people who have served their sentences for sexual crimes."
  • Opinion Text: Matter of Ince
  • Minneapolis Star Tribune: Minnesota Supreme Court reverses rapists commitment

  • North Dakota
    Appellate practice tip of the week
    Mailing the notice of appeal is not the same as filing the notice of appeal. See, e.g., State v. DuPaul, 527 N.W.2d 238, 243 (N.D. 1995).
  • Other appellate practice tips
  • Applicants for SC judge have extensive experience
    Balaban. Fleck, Goter, Grosinger, Grossman and Schwarz The six 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 Steven Balaban, Arnold Fleck, Wayne Goter, Brian Grosinger, Parrell Grossman and Todd Schwarz.
    New Opinion: April 16
    The Supreme Court posted one new opinion on April 16.
    Court seeks comment on amendments to municipal court rule
    The North Dakota Supreme Court is seeking comment on proposed amendments to N.D. Sup. Ct. Admin. R. 30, which governs standards for municipal courts. Comments are due May 21.
    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
  • Plans, cost of new jail announced
    Bismarck Tribune: "A rollout for a combined Burleigh/Morton County jail design showed it will cost nearly $70 million for a 476-bed facility, said a consultant team on Monday. Venture Architects and Ubl Design presented design plans to commissioners from Burleigh County, Morton County, Bismarck and Mandan."

    Federal
    U.S. Supreme Court opinions: April 22
    United States Supreme Court building The United States Supreme Court has issued opinions in a search and seizure case involving an investigative stop of a vehicle that resulted in a drug arrest and in a case on the validity of a Michigan constitutional provision that bars race-based preferences in college admission.
  • Prado Navarette v. California
  • Schuette v. BAMN
  • U.S.: Thousands more inmates eligible for clemency under Justice Dept. plan
    U.S. Dept. of Justice seal New York Times: "The Justice Department is significantly expanding the pool of people eligible to apply for early release from prison, a move that would further chip away at strict sentencing laws involving drug crimes."
    U.S. Supreme Court opinions: April 23
    The United States Supreme Court has issued opinions in a case on standards for setting restitution amounts for victims of child pornography and in a death penalty case involving a defendant's decision not to testify during the sentencing phase of the trial.
  • Paroline v. United States
  • White v. Woodall
  • U.S.: High court upholds Mich. affirmative action ban
    Associated Press: "The Supreme Court has upheld Michigan's ban on using race as a factor in college admissions. The justices said in a 6-2 ruling Tuesday that Michigan voters had the right to change their state constitution to prohibit public colleges and universities from taking account of race in admissions decisions."
    U.S.: Courthouse violence unpredictable despite security
    Associated Press: "When Utah's new federal courthouse opened last week, it came with security improvements that are becoming standard around the country: separate entrances and elevators for judges, defendants and the public; bullet-resistant glass and paneling; and vehicle barricades to keep car bombs at bay."
    U.S.: Supreme Court upholds search of California driver based on anonymous tip
    McClatchy Newspapers: "A closely divided Supreme Court on Tuesday upheld the search of a California man's drug-laden car following an anonymous tip. In a case that atypically split justices, the courts 5-4 majority concluded the Constitution permitted the August 2008 search."
    U.S.: Supreme Court seems inclined to bolster truth-in-labeling laws
    L.A. Times: "In a case that could strengthen truth-in-labeling laws, Supreme Court justices on Monday voiced deep skepticism about Coca-Cola's Pomegranate Blueberry juice that is 99.4 percent apple and grape juice, saying the name would probably fool most consumers, including themselves."
    U.S.: Justices shed few tears for Argentina in debt case
    USA Today: "Creditors left holding the bag for part of Argentina's $82 billion default in 2001 won support Monday from a majority of Supreme Court justices in their worldwide quest to find the country's hidden assets. But several justices cautioned that the 'discovery' process should not be unlimited, potentially exposing Argentina's military and national security assets to public scrutiny."

    Minnesota
    Mental impairment isn't grounds to end parental rights, Minnesota Court of Appeals says
    Minnesota Great Seal Minneapolis Star Tribune: "A man from Detroit Lakes, Minn., regained parental rights to his young daughter Monday when the Minnesota Court of Appeals ruled that those rights had been wrongfully terminated based solely on his mental impairment."
  • Opinion Text: Welfare of the Children of: B. M., J. M. and C. G.
  • Minnesota pot arrests have racial disparity, report says
    St. Paul Pioneer Press: "If you're black in Minnesota, you're six times more likely to be arrested for marijuana possession than your white counterparts, even though drug use rates are similar, according to a report released Monday."

    South Dakota

    Montana
    Montana 1 of only 2 states to repeal anti-sodomy law
    Billings Gazette/AP: "A dozen states still have anti-sodomy laws on the books 10 years after the U.S. Supreme Court ruled they are unconstitutional. One such state is Louisiana, where gay rights groups contend police have used anti-sodomy laws to target gay men. But state lawmakers sided with religious and conservative groups in refusing to repeal the law last week."

    Other States and Jurisdictions
    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 Deputy Supreme Court Clerk I with the North Dakota Supreme Court in Bismarck 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 five Law Clerks with the North Dakota Supreme Court in Bismarck has been posted.

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