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Friday, August 22, 2014
Today at the Court
12:00 PM Jury Standards Committee - Bismarck

Top News
Free Uniform Acts CLE set for Aug. 25 in Bismarck
The uniform acts which will be considered during the 2015 legislative session will be discussed at a free CLE presentation to be held on Monday, August 25, from 1:30 - 3:30 in the Ralph J. Erickstad Courtroom at the State Capitol.
James R. Carlson Jr. 1950-2014
James R. Carlson Jr. Attorney and librarian James R. Carlson Jr., 64, of Crookston, Minn., died Aug. 18. A Univ. of Mont. law graduate, Carlson clerked for the Mont. Supreme Court and worked in law libraries at the Univ. of N.D. and the Univ. of Idaho. A memorial service will be held at Stenshoel-Houske Funeral Home in Crookston at 11 a.m., Saturday.
  • James R. Carlson Jr. Attorney Record
  • N.D. 125: Dry State
    North Dakota 125th Anniversary logo Prairie Public: "When Benjamin Harrison signed legislation turning Dakota Territory into the states of North and South Dakota on November 2, 1889, both entered the union as dry states. With both states populated by characters of the Wild West, and with saloons, bars, brawls, and debauchery commonplace, the prohibition against alcohol was certainly a bone of contention."
    SD high court: Warrant needed for DUI blood samples
    KELO News: "The five South Dakota Supreme Court justices all agree; officers in the state can't take a blood sample from a suspected drunk driver without a warrant or the suspect's consent. They handed down the unanimous decision Thursday after Shauna Fierro's case went in front of the high court earlier this year."
  • Opinion Text: State v. Fierro
  • Siouxland Matters: South Dakota Supreme Court rules DUI implied consent is unconstitutional

  • North Dakota
    UND scholars team up to co-author second edition of Indian gaming book
    Kathryn Rand UND News Release: "University of North Dakota's own Kathryn Rand and Steven Light recently completed an update to their book on Indian gaming law and policy. Rand, dean and professor at the UND School of Law; and Light, UND associate vice president for academic affairs and a professor in the College of Business and Public Administration; are both co-directors of the UND Institute for the Study of Tribal Gaming Law and Policy."
    Appellate practice tip of the week
    Generally, shortened names are better than acronyms.
  • Other appellate practice tips
  • September Term of Court
    North Dakota Supreme Court
    The September term of court has been posted, including issues and briefs.
    Proposed changes to Child Support Guidelines
    Child support guidelines logo The N.D. Dept. of Human Services is proposing to amend the Child Support Guidelines, and a hearing is set for Sept. 18 at the State Capitol.
  • Explanation of proposed changes
  • Proposed changes in legislative format
  • Hearing notice
  • New Opinion: Aug. 6
    The Supreme Court posted a new opinion on Aug. 6.
    Court seeks comment on changes to transcript fee policy
    The Supreme Court is seeking comment on proposed amendments to Unified Judicial System Policy 206 on fees and expenses for the preparation of transcripts. Comments are due Sept. 1.
    Court approves amendments to appellate rules
    The North Dakota Supreme Court has approved amendments to the Rules of Appellate Procedure. The amendments integrate electronic filing into the rules and require filing of the notice of appeal with the Clerk of the Supreme Court. The amendments take effect October 1.
    Court approves amendments to rule on standards for bar admission
    The Supreme Court has approved amendments to Admission to Practice Rule 2 on standards for admission. The amendments relate to the SBAND Lawyer Assistance Program and take effect October 1.
    Court approves amendments to rule on cameras in courtroom
    The Supreme Court has approved amendments updating N.D. Sup. Ct. Admin. R. 21 on electronic and photographic media coverage of court proceedings. The amendments take effect Sept. 1.
    Parenting coordinator training set for Sept. 23-24 in Bismarck
    The North Dakota Supreme Court will be hosting parenting coordinator training for anyone interested in becoming a parenting coordinator on Sept. 23-24 in Bismarck. See the linked brochure for more information and a registration form. Registration deadline is Sept. 8.
    N.D. 125: Sine Die
    North Dakota 125th Anniversary logo Prairie Public: "In the waning days of the convention, the last of the major concerns were addressed. Suffrage was partially adopted, with women voting in school-related elections only. The Australian ballot issue, which involved printed ballots and private voting, was sidestepped when E. A. Williams provided a substitute clause that required the legislature to pass legislation ensuring the secrecy of the ballot. The Prohibition question was not made part of the Constitution, but a fully developed section was created and attached in subscript stating that a Prohibition Clause would be voted upon separately."
    N.D. 125th celebration planners look forward to Nov. 2 finale
    G.F. Herald: "After a soggy event Saturday that proved North Dakotans won't let a little rain ruin a good party, those in charge of the 125th celebration of statehood are looking forward to the official Nov. 2 commemoration.'It's going to be a good event,' Lt. Gov. Drew Wrigley said. 'But thank goodness it will be inside.'"
    UND building projects, totaling more than $180 million in public and private support, dot the campus
    University of North Dakota UND News Release: "Hardhats and work boots are in style on the University of North Dakota campus this summer, with three major construction projects currently underway, another soon to begin and still another well on its way toward its fund-raising goal."
  • UND School of Law Building Project
  • Nation's drug czar says updates to northern border plan include focus on Bakken oil patch
    Minneapolis Star Tribune/AP: "The nation's acting drug czar promised more coordination with Canada on drug trafficking issues Tuesday and highlighted his northern border strategy by touring an area in North Dakota where authorities say heroin and other drugs are being pushed by motorcycle gangs and Mexican cartels."

    U.S.: Virginia same-sex marriage ruling is placed on hold
    Washington Post: "The Supreme Court on Wednesday stopped Virginia officials from issuing marriage licenses to same-sex couples, putting on hold a lower-court ruling that said the unions could start Thursday. The court stayed a decision by a panel of the U.S. Court of Appeals for the 4th Circuit, which on July 28 agreed with a district judge's ruling that Virginia's ban is unconstitutional."
    U.S.: New juror scam seeks personal data
    U.S. Courts: "A new juror scam email, which fraudulently seeks personal information that could aid identity theft, has been reported in at least 14 federal court districts. According to the Administrative Office of the U.S. Courts, citizens received emails claiming they had been selected for jury service and demanding that they return a form with such information as Social Security and driver's license numbers."

    MN Court of Appeals re-evaluates case of convicted rapist
    Minnesota Great Seal Minneapolis Star Tribune: "In another significant challenge to the indefinite commitment of sex offenders, Minnesota's Court of Appeals on Monday ordered a fresh evaluation of a convicted 50-year-old rapist and the risk that he will commit new crimes."
  • Opinion Text: Commitment of Spicer
  • Minn.: Appeals court reverses Coon Rapids burglary conviction, remands for new trial
    ABC Newspapers: "A man has had his felony burglary conviction in Anoka County District Court for an incident in Coon Rapids reversed by the Minnesota Court of Appeals and remanded for a new trial. The appeals court decision Aug. 4 in the case of Charles Edward Love, 46, ruled that the district court committed reversible error by improperly instructing the jury."
  • Opinion Text: State v. Love
  • Victims advocate renews push for DNA law in Minn.
    KARE News: "Jayann Sepich spent part of her day at the Minneapolis Public Library telling the story of daughter Katie, who was a 22-year-old college student in 2003 when she was abducted, raped and murdered. 'It's heart wrenching every time I tell the story, but I know that other mothers won't be burying their daughters if we can get this passed, and that matters to me,' Sepich told KARE."
    Minn. Supreme Court limits property seizures
    Minnesota Great Seal MPR News: "The Minnesota Supreme Court ruled Wednesday that evidence obtained illegally may not be used to deny a civil complaint against seizure of property. Civil liberties advocates say the court's ruling once again tightens the rules on when law enforcement agencies are allowed to seize a person's property or money."
  • Opinion Text: Garcia-Mendoza v. 2003 Chevy Tahoe

  • South Dakota
    S.D.: Money seized from Sturgis Rally to help local law enforcement
    KDLT News: "The Sturgis Motorcycle Rally wrapped up earlier this month, but the South Dakota Highway Patrol announced they had more drug arrests this year and also seized more cash -- a full $25,000 during the week-long rally. That money goes into a fund which helps local law enforcement around the state."

    Mont.: Attorney brings theatrical touch to Bar Association
    Daily Inter Lake: "Dressed in historic Western attire that includes a sheriff's badge, Bigfork attorney Randy Snyder gets noticed in a big way as president of the Montana Bar Association. His self-described 'Western shtick' has been on display throughout his presidency."
    Mont.: Drunken driver will remain imprisoned
    Montana State Seal Valley Journal: "The Montana Supreme Court on Aug. 13 denied the appeal of a habitual drinking and driving offender from Lake County who claimed he was illegally sentenced. Dillard Cody Miller, 68, is currently serving a 10-year sentence in the Crossroads Correctional Center in Shelby for a felony conviction of DUI, fourth or subsequent offense."
  • Order Text: Miller v. 20th Judicial District
  • Montana Supreme Court rejects livestock breeder's appeal of cruelty conviction
    Columbus Republic/AP: "The Montana Supreme Court has rejected a Billings livestock breeder's appeal of his conviction of animal cruelty. James Leachman had asked the high court to overturn the 2012 conviction over the treatment of five horses, saying prosecutors hadn't proved he owned the animals."
  • Opinion Text: State v. Leachman

  • Other States and Jurisdictions
    U.S.: Fingers fly at court-reporting championships
    Wall Street Journal: "The most famous court reporter in the country, Mark Kislingbury, calmly rested his hands on his keyboard. Around him, more than three dozen other stenographers also readied themselves for the 2014 national court-reporting championships, held last month in a hotel conference room here."
    Calif.: Hare Krishnas cannot solicit donations at LAX
    Courthouse News Service: "A ban on soliciting donations at Los Angeles International Airport does not tread on Hare Krishna members' free speech rights, the 9th Circuit ruled Wednesday. A city ordinance forbids the immediate solicitation of money at Los Angeles International Airport."
  • Opinion Text: Society for Krishna Conciousness v. City of L.A.
  • TV habits? Medical history? Tests for jury duty get personal
    New York Times: "Do you believe in an 'eye for an eye'? What do your parents do for a living? Do you watch 'CSI'? 'Dateline'? Read Have you ever undergone a medical procedure that required an anesthetic? Welcome to jury service, where the seats are hard and the questionnaires increasingly long and nosy."

    Job Announcements
    Job Announcement
    A job announcement for assistant state's attorney for Ward County in Minot has been posted.
    Job Announcement
    A job announcement for a part-time State's Attorney for Grant County in Carson has been posted.
    Job Announcement
    A job announcement for a Court Reporter with the District Court in Jamestown has been posted.
    Job Announcement
    A job announcement for an Appellate Contractor with the North Dakota Commission on Legal Counsel for Indigents in Bismarck has been posted.
    Job Announcement
    A job announcement for Chief Judge of the Standing Rock Sioux Tribal Court in Fort Yates has been posted.
    Job Announcement
    A job announcement for a contract attorney with the North Dakota Commission on Legal Counsel for Indigents in Williston has been posted.
    Job Announcement
    The Department of Human Services has posted a job announcement for an Attorney I at the Bismarck Regional Child Support Unit.

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