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Wednesday, October 7, 2015
Today at the Court
9:30am Kitzan v. State
10:30am State v. Mann

Mediation Training - Bismarck
Trial court tip
Before you go into the courtroom, check the case file in Odyssey to make sure all your documents have been filed.
  • Other Trial Court Tips
  • Ehlis investiture to be held Oct. 9
    Judge Rhonda Ehlis The formal investiture ceremony for Southwest Judicial District Judge Rhonda Ehlis will be held Friday, Oct. 9, at 3 p.m. MDT in the Stark County Courthouse. Gov. Jack Dalrymple appointed Judge Ehlis to a new judgeship in the SWJD on July 27.
  • Judge Ehlis Investiture Invitation
  • Judge Ehlis Biography
  • U.S. Supreme Court Oct. 7 arguments
    Wednesday, the United States Supreme Court will hear arguments in a case involving a joint capital sentencing proceeding between two brothers and in a case on whether courts must explicitly instruct juries about the relevant burden of proof for mitigating circumstances in capital murder cases.
  • Kansas v. Carr
  • Kansas v. Gleason
  • U.S. Supreme Court to lawyers: Hold your own place in line
    NPR News: "One of the more unattractive aspects of Washington life is the growth industry called line sitting. That is, rich lobbyists, lawyers and contractors pay someone to hold a place in line so the payer can get a much-in-demand seat at a Supreme Court argument or a congressional hearing. Now the U.S. Supreme Court has quietly struck one small blow for equality on that front."
    U.S.: Justice Department set to free 6,000 prisoners, largest one-time release
    U.S. Dept. of Justice seal Washington Post: "The Justice Department is set to release about 6,000 inmates early from prison - the largest one-time release of federal prisoners - in an effort to reduce overcrowding and provide relief to drug offenders who received harsh sentences over the past three decades, according to U.S. officials."
    S.D.: Supreme Court hears officer records case
    South Dakota Great Seal KELO News: "A case before the South Dakota Supreme Court could have implications for all law enforcement officers in South Dakota. Emily Lou Smith was arrested last year by Minnehaha County sheriff's deputy Adam Zishka. Smith faces a long list of charges, including three counts of simple assault against a law enforcement officer."
  • KELO News: Tribal jurisdiction arguments at SD Supreme Court
  • MN Supreme Court: Payday loan limits constitutional
    Minnesota Great Seal MPR News: "The Minnesota Supreme Court [Oct. 7] upheld the state's payday lending law that curbed high-interest, short-term loans to mostly low-income people who can't stretch a paycheck. The decision comes as some lawmakers and advocacy organizations try to restrict payday lending even further."
  • Opinion Text: Swanson v. Integrity Advance
  • U.S. Supreme Court lets Jim Thorpe's body stay in Pennsylvania, but controversy continues
    Tulsa World: "The court battle lasted five years, ending Monday when the U.S. Supreme Court refused to hear an appeal. But the larger effort to have Jim Thorpe's body brought back to Oklahoma started almost as soon as it was taken away in 1953, and that fight isn't necessarily over yet."

    North Dakota
    Judge Lawrence Leclerc 1934-2015
    Judge Lawrence Leclerc Retired East Central Judicial District Judge Lawrence Leclerc, 80, died Oct. 4. He served as a district judge from 1979-2004. His funeral will be held Friday, Oct. 9, at 1 p.m. in Nativity Catholic Church in Fargo.
  • Judge Leclerc Biography
  • Fargo Forum: Fargo native Judge Lawrence Leclerc dies at 80
  • UND to formally dedicate law school building addition
    UND School of Law UND News Release: "University of North Dakota President Robert Kelley and UND School of Law Dean Kathryn Rand will host a formal dedication and ribbon cutting ceremony on Friday, Oct. 9, at 4 p.m. to celebrate the completion of the Law School building addition and renovation. The ceremony will be held outside the new north-facing entrance of the law school."
    Investiture of Judge Kirsten Sjue: The Oct. 2 photos
    Judge Sjue Judge Kirsten Sjue was formally installed as a judge of the Northwest Judicial District in an investiture ceremony on Oct. 2 at the Williams County Courthouse. She was appointed by Gov. Jack Dalrymple to a new judgeship with chambers in Williston on July 27. Here are the photos.
  • Judge Sjue Biography
  • Investiture of Judge Daniel El-Dweek: The Sept. 30 photos
    Judge El-Dweek Judge Daniel El-Dweek was formally installed as a judge of the Northwest Judicial District in an investiture ceremony on Sept. 30 at the McKenzie County Courthouse. He was appointed on July 27 by Gov. Jack Dalrymple to a new judgeship with chambers in Watford City. Here are the photos.
  • Judge El-Dweek Biography
  • KXNews: McKenzie County holds investiture ceremony for new judge
  • KUMV-TV News: El-Dweek sworn in as Northwest Judicial District judge
  • New Opinion: Sept. 21
    The Supreme Court posted a new opinion on Sept. 21.
    Appellate practice tip of the week
    At the end of your brief, state clearly and concisely what specific action you are seeking from the appellate court. For example, if you are the appealing party, it's not enough to ask the court to say the trial court was wrong, you must say what you are asking the appellate court to do about it.
  • See N.D.R.App.P. 28.
  • Other appellate practice tips
  • Court seeks comment on proposed amendments to procedural rules
    The Supreme Court has issued a Notice of Hearing and Comment on proposed amendments to the N.D. Rules of Civil Procedure, Rules of Criminal Procedure, Rules of Evidence, Rules of Court, and Supreme Court Administrative Rules. Comments are due Oct. 8.
    UND fraternity reunites prominent trio from 1950s
    Vandewalle, Marcil and Olson G.F. Herald: "A Supreme Court justice, a governor and a head of media chain walk into a fraternity house. No, this isn't a joke. North Dakota Chief Justice Gerald VandeWalle, former Gov. Allen Olson and Forum Communications Chairman William Marcil attended UND together in the 1950s and were all fraternity brothers at Lambda Chi Alpha."
    Eye on Energy: McKenzie County Courthouse Renovation
    McKenzie County Courthouse KXNews: "Northwest District Court has gained two new judges, each taking an oath of office last week. In McKenzie County, using the growing number of court cases as a guide, county commissioners made space for a second judge during a recent renovation, before a second judge was approved for the area."
    'The Voice' star Kat Perkins talks about singing struggles at drug court conference
    Marilyn Moe and Kat Perkins G.F. Herald: "Kat Perkins, a North Dakota-born singer and semifinalist on 'The Voice,' calls music 'her addiction.' But unlike the addictions that face children in the state's juvenile drug courts, hers has helped propel her to success. 'I had known how to be fearless and had lost it somehow,' Perkins said Friday of her pre-'Voice' years."

    U.S.: Familiar, divisive social issues on Supreme Court agenda
    United States Supreme Court building Associated Press: "The Supreme Court's new term began Monday with no cross words between the justices, although a steady stream of divisive social issues awaits them in the coming months. In their first public meeting since a number of high-profile decisions in June displayed passionate, sometimes barbed disagreement, the justices were deferential to each other."
  • ABC Fox Montana News/AP: Changes to justices' opinions will be highlighted
  • U.S. Supreme Court summary reversal: Oct. 5
    The United States Supreme Court has issued a summary reversal in a murder case involving an ineffective assistance of counsel claim.
  • Maryland v. Kulbicki
  • U.S. Supreme Court Oct. 6 arguments
    Tuesday, the United States Supreme Court will hear arguments in a case on whether a person accused of conspiracy to commit extortion can be convicted for extorting a fellow conspirator and in a case on whether parties to a consumer arbitration agreement can incorporate otherwise preempted state law into their agreement.
  • Ocasio v. United States
  • DIRECTV, Inc. v. Imburgia

  • Minnesota
    8th Circuit won't rehear Minnesota women's terror case
    U.S. Court of Appeals for the Eighth Circuit KSTP News: "The 8th U.S. Circuit Court of Appeals won't rehear the appeal of two Minnesota women convicted of conspiring to funnel money to a terror group in Somalia. Thirty-nine-year-old Amina Farah Ali and 68-year-old Hawo Mohamed Hassan were convicted in 2011 on multiple counts."
    Minnesota's first black woman lawyer fought issues familiar today
    Minneapolis Star Tribune: "More than a million people turned out 50 years ago, many with blankets to blunt the 38-degree chill in Washington, D.C. They'd come to watch the inauguration of President Lyndon Johnson - sworn in for a full term less than 14 months after being thrust into the job by John Kennedy's assassination."

    South Dakota
    South Dakota Supreme Court holds October session at USD School of Law
    South Dakota Great Seal KDLT News: "The five justices of the South Dakota Supreme Court are holding their October session at the University of South Dakota School of Law courtroom in this week. It is the first time Justice Janine Kern, of Rapid City, is on the bench in Vermillion as a member of the court with fellow Justices Steven Zinter, Glen Severson, Lori Wilbur as well as Chief Justice David Gilbertson."
  • KELO News: Deer crash to be decided by South Dakota Supreme Court

  • Montana

    Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for two law clerk positions with the District Court in Bismarck has been posted.
    Job Announcement
    A job announcement for a Senior Assistant State's Attorney for Burleigh County in Bismarck has been posted.
    Job Announcement
    A job announcement for an Associate Chief Judge with the Standing Rock Tribal Court in Fort Yates has been posted.
    Job Announcement
    A job announcement for a Deputy Clerk of District Court I with the District Court in Fargo has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney for Ward County in Minot 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 an Electronic Court Recorder with the District Court in Dickinson has been posted.
    Job Announcement
    A job announcement for two Attorney I positions with Legal Services of North Dakota has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney for Morton County in Mandan has been posted.

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