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Thursday, July 2, 2015
Tomorrow at the Court
Independence Day Observed - Holiday
Appellate practice tip of the week
Be respectful, but also be self-respectful.
  • Other appellate practice tips
  • New Opinions: July 1
    The Supreme Court posted 23 new opinions on July 1.
    Unpaid internships legal when they boost interns' learning, U.S. court rules
    Reuters: "Unpaid internships are legal when they are closely tied to interns' educations, a U.S. appeals court in Manhattan said on Thursday in reversing a decision that Fox Searchlight Pictures Inc broke the law by not paying interns. The lower courts erred in finding the interns should have been treated as employees because Fox derived some benefit from their work, the 2nd U.S. Circuit Court of Appeals said."
  • Opinion Text: Glatt v. Fox Searchlight Pictures
  • MN Court: Victim's role irrelevant in deciding damages
    Minnesota Great Seal MPR News: "In a decision that forced a conservative and liberal justice to dissent, the Minnesota Supreme Court has ruled authorities cannot blame the victim when determining the restitution criminals are required to pay in some cases."
  • Opinion Text: State v. Riggs
  • Minn.: Developer wins at Supreme Court; $85M Golden Valley apartment project to proceed
    Twin Cities Business Journal: "The Minnesota Supreme Court Wednesday ruled in favor of a Minneapolis developer and the Golden Valley Housing and Redevelopment Authority in a dispute involving an $85 million apartment project proposal next to the Good Day Cafe."
  • Opinion Text: Webb Golden Valley, LLC v. State
  • Montana Supreme Court reverses police seizure of Hummer
    Montana State Seal Great Falls Tribune: "The Montana Supreme Court has ruled that Missoula police were wrong to seize a Hummer titled to the mother of a murderer. Led by Chief Justice Mike McGrath, the court said Tuesday that the Missoula Police Department unlawfully decided a car title does not imply ownership of a vehicle or the right to argue ownership in court."
  • Opinion Text: Muir v. Bilderback
  • Mont.: Appeals court to hear arguments in Jesus statue dispute
    NBC Montana News: "A federal appeals court will take up a dispute over whether a 6-foot-tall statue of Jesus should remain on U.S. Forest Service land next to a Montana ski resort. The 9th U.S. Circuit Court of Appeals will hear oral arguments Tuesday in Portland, Oregon. The Wisconsin-based Freedom From Religion Foundation is appealing a Montana judge's decision to allow the statue to remain on the Whitefish mountainside."
    Job Announcement
    A job announcement for five law clerks with the North Dakota Supreme Court in Bismarck has been posted.
    Job Announcement
    A job announcement for a Chief Assistant State's Attorney for McKenzie County in Watford City has been posted.
    Job Announcement
    A job announcement for a Deputy Clerk of District Court I with the District Court in Bismarck has been posted.
    Job Announcement
    A job announcement for an Electronic Court Recorder with the District Court in Dickinson has been posted.

    North Dakota
    Traditional district court clerk practice falls to technological advances
    Beginning July 1, the iconic file stamp on district court documents will go the way of raised court seals and sealing wax. The advancement of technology has reached the point where it is no longer necessary to hand stamp a document to show when it was received or processed by a clerk of court.
    Meet the South Central judge applicants
    SCJD Applicants Seven lawyers have applied to become the South Central Judicial District's newest judge. The Supreme Court created the new SCJD Judgeship No. 9 to be chambered in Mandan after the legislature approved four new judgeships for North Dakota in its 2015 session. They were asked to provide brief information on their background, education, and legal careers.
    Meet the Northwest judge applicants
    NWJD Applicants Four lawyers have applied to become the Northwest Judicial District's newest judges. The Supreme Court created new NWJD Judgeship No. 5 to be chambered in Watford City and Judgeship No. 6 to be chambered in Williston after the legislature approved four new judgeships for North Dakota in its 2015 session. The applicants were asked to provide brief information on their background, education, and legal careers.
    Meet the Southwest judge applicants
    SWJD Applicants Five lawyers have applied to become the Southwest Judicial District's newest judge. The Supreme Court created the new SWJD Judgeship No. 4 to be chambered in Dickinson after the legislature approved four new judgeships for North Dakota in its 2015 session. They were asked to provide brief information on their background, education, and legal careers.
    Personnel Policy Board July 2 agenda
    The agenda for the July 2 meeting of the Personnel Policy Board has been posted.
    New Disciplinary Order June 16
    The Supreme Court posted a new disciplinary order on June 16.
    Law of the land: Batch of new N.D. laws take effect
    G.F. Herald: "More than 100 pieces of legislation approved by North Dakota lawmakers earlier this year will take effect today, including a change that will send a greater share of oil production tax revenue back to local governments and some more obscure mandates, such as background checks for massage therapists."
    8th Circuit issues opinion in N.D. case: July 1
    U.S. Court of Appeals for the Eighth Circuit The United States Court of Appeals for the Eighth Circuit has reversed and remanded a ruling on an ineffective counsel claim in a North Dakota drug case.
  • Taylor v. United States
  • 8th Circuit issues opinions in two N.D. cases: June 30
    The United States Court of Appeals has affirmed the sentence in a North Dakota drug case and affirmed a summary judgment of dismissal in a North Dakota employment case.
  • United States v. Anderson
  • Little v. Rummel
  • Judge rules N.D. gay marriage ban 'unconstitutional and invalid' after Supreme Court decision
    Dickinson Press: "A federal judge declared Monday that North Dakota's ban on same-sex marriage is "unconstitutional and invalid," following the U.S. Supreme Court's 5-4 decision Friday striking down similar bans in other states."

    Federal
    U.S. Supreme Court opinions: June 29
    United States Supreme Court building The United States Supreme Court has issued opinions in a lethal injection procedure case, a case on Arizona's electoral redistricting commission, and a Clean Air Act case on powerplant emissions.
  • Glossip v. Gross
  • Arizona Legislature v. Arizona Redistricting Commission
  • Michigan v. EPA
  • U.S.: Supreme Court will hear new challenge to affirmative action
    USA Today: "The Supreme Court handed opponents of affirmative action policies a potential victory Monday by agreeing to hear another challenge to the University of Texas' use of racial preferences in admissions. The one-line order represents a new chapter in a seven-year dispute initiated when Abigail Fisher, a white applicant, was denied admission to the state university's flagship campus in Austin."
    Apple conspired to fix e-book prices -- U.S. appeals court
    Reuters: "A divided federal appeals court on Tuesday upheld a judge's ruling that Apple Inc had conspired with five publishers to increase e-book prices, in a win for the U.S. Justice Department. By a 2-1 vote, the 2nd U.S. Circuit Court of Appeals agreed that the conspiracy violated federal antitrust law."
  • Opinion Text: United States v. Apple, Inc.

  • Minnesota
    Minn.: District court's decision on Level 3 offender affirmed by state
    Brainerd Dispatch: "A Level 3 predatory offender living near the vicinity of Wise Road and Gregory Way in rural Brainerd lost an appeal regarding the conditional release portion of his sentence. Christopher Eugene Wheeler, 41, challenged in the Minnesota State Court of Appeals to correct his district court sentence."
  • Opinion Text: Wheeler v. State
  • Minnesota Supreme Court rules against Richfield Police promotion process
    Minnesota Great Seal Sun Current: "The Richfield Police Department's promotional process is under scrutiny following a Minnesota Supreme Court decision. The court ruled June 10 that a 2013 promotion process involving Officer Greg Peterson did not adequately consider his pertinent records."
  • Opinion Text: Peterson v. Richfield Civil Service Comm.
  • Minn.: Defendants make life-changing choices through local drug court program
    West Central Tribune: "Local judges and officials are celebrating the first anniversary of the local drug court program and preparing to graduate the first offender from the program later this year. Established July 1, 2014, the Eighth Judicial District Drug Court is a specialized court program targeting nonviolent offenders suffering from addiction to alcohol or other drugs."

    South Dakota

    Montana

    Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for an Electronic Court Recorder with the District Court in Minot has been posted.
    Job Announcement
    A job announcement for a Deputy Clerk of District Court I with the District Court in Watford City has been posted.
    Job Announcement
    A job announcement for a Court Reporter with the District Court in Bismarck/Mandan has been posted.
    Job Announcement
    A job announcement for a Disciplinary Counsel with the Office of Disciplinary Counsel in Bismarck has been posted.
    Job Announcement
    A job announcement for a Temporary Deputy Clerk of District Court I with the District Court in Dickinson has been posted.
    Job Announcement
    A job announcement for a Contract Attorney with the Commisssion on Legal Counsel for Indigents in Stutsman County 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 an Electronic Court Recorder with the District Court in Watford City has been posted.

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