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Friday, October 21, 2016
Monday at the Court
9:00am Lizakowski v. Lizakowski
11:00am Overvold v. Overvold
1:30pm Patterson v. State
2:45pm Cody v. State
Waived Harmon v. State
New Opinion: Oct. 17
The Supreme Court posted a new opinion on Oct. 17.
November Term of Court
North Dakota Supreme Court
The November term of court has been posted, including issues and briefs.
Supreme Court names clerks for 2017-2018 term
The North Dakota Supreme Court has selected five people to serve a one-year clerkship for the 2017-2018 term. They are: Sarah Aaberg, Starbuck, Minn., Connor Melvie, Fargo, Conor Smith, Wahpeton, SheraLynn Ternes, Grand Forks, and Morgan Wagner, Bismarck.
Foster County Clerk's office to be closed Thursday, Friday
The Foster County Clerk of Court's office will be closed Thursday and Friday, Oct. 20-21.
U.S.: After 25 years, Clarence Thomas still dissents
Justice Clarence Thomas USA Today: "Clarence Thomas enters his second quarter-century on the Supreme Court next week much like he began his first - in dissent. The high court has changed, however, and that gives the nation's second African-American justice a new role to play."
Minnesota prosecutors start reviewing BB gun convictions
Minnesota Great Seal MPR News: "In August 2014, 19-year-old Robert Jamal Poole was arrested in Brooklyn Center after he was found carrying a black BB gun. His criminal record made him ineligible to possess a firearm and because of that he was sentenced to four years in prison."
Minn.: Suit against Fulda school district is dismissed
Worthington Daily Globe: "A September lawsuit filed against Independent School District 505 has been dismissed. The lawsuit was brought forth by Dayton and Kayla Westra, parents of a Fulda High School student."
Mont.: Access to Justice Forum highlights obstacles in legal system
KTVH News: "Montana has more than 150,000 residents living at or below the poverty line. When legal issues arise for those people, it's not always easy for them to navigate the justice system. That's why the Montana Supreme Court created the Access to Justice Commission."
Immigrants, advocates keenly watch Iowa Supreme Court case
Iowa Great Seal Des Moines Register: "The Iowa Supreme Court's decision on whether a county attorney has the authority to prosecute a Mexican immigrant on a charge of felony identity theft and forgery could break legal ground and have serious implications for undocumented immigrants."
Job Announcement
A job announcement for an Associate Deputy Clerk for the Municipal Court of the City of Fargo has been posted.

North Dakota
Courthouse Criminal Basics CLE: The Oct. 18 photos
SCJD Judge Dave Reich On Oct. 18, the South Central Judicial District held the third session of its Courthouse Criminal Basics CLE, focusing on basic trial skills. The last session of the free CLE will be held next week on Tuesday, Oct. 25, at 4 p.m. in the Burleigh County Courthouse.
Caseflow Management Committee Nov. 4 agenda
The agenda for the Nov. 4 meeting of the Caseflow Management Committee and the committee's Aug. 8 minutes have been posted.
Appellate practice tip of the week
Drop the hyperbole!!!
  • Other appellate practice tips
  • Court adopts amendments to lawyer discipline rules
    The Supreme Court has adopted amendments to the Rules for Lawyer Discipline. Amendments were made to rules 1.0, 1.2, 1.3, 2.1, 2.2, 2.3, 2.4, 2.5, 3.1, 3.2, 3.5, 4.1, 4.2, 4.3, 4.5, 6.1, 6.3, 6.4, 6.6 and 6.7. The amendments take effect March 1, 2017.
    J. Gordon Caldis 1920-2016
    J. Gordon Caldis Longtime Grand Forks attorney James Gordon Caldis, 96, died Oct. 15. He was a UND School of Law graduate and a member of the N.D. bar for 68 years, giving up the active practice of law at age 92. Funeral arrangements are pending.
  • James Gordon Caldis Lawyer Record
  • G.F. Herald: Longtime community servant Gordon Caldis dies
  • Courthouse Criminal Law Basics CLE in Bismarck
    The South Central Judicial District will offer a free continuing legal education program in October geared to attorneys practicing criminal law. The program is titled "Courtroom Criminal Basics" and two-hour sessions will be held beginning at 4 p.m. on October 4, 11, 18, and 25 at the Burleigh County Courthouse.

    U.S.: Sotomayor speaks about inspiration, Scalia's empty seat
    Justice Sonia Sotomayor MPR News: "U.S. Supreme Court Justice Sonia Sotomayor spoke to a packed crowd at Northrop Auditorium Monday at the University of Minnesota about her childhood in the Bronx, her rise through a male-dominated legal profession and the death this year of Justice Antonin Scalia."

    Minn.: For lack of a warrant for GPS tracking, alleged poacher goes free
    MPR News: "The Minnesota Court of Appeals [Oct. 17] ruled that it was unconstitutional for a Department of Natural Resources officer to attach a GPS-based tracking device to the vehicle of a man he suspected was hunting big game illegally in Lac qui Parle County."
  • Opinion Text: State v. Liebl
  • Minn.: Federal Judge Michael Davis receives national civil rights award
    Minneapolis Star Tribune: "U.S. District Judge Michael Davis recently earned national recognition for four-plus decades of work promoting the advancement of civil and human rights."
    Minnesota high court: BB gun is no 'firearm'
    Minnesota Great Seal G.F. Herald: "Minnesota's highest court decided Wednesday that a BB gun is not a firearm. 'Today, we have clarified the plain meaning of 'firearm,' the court's decision said."
  • Opinion Text: State v. Haywood

  • South Dakota
    SD Supreme Court says worker compensation lawsuit can continue
    South Dakota Great Seal Rapid City Journal: "A Rapid City man's complaint that he was denied workers' compensation in bad faith is headed back to the Seventh Circuit Court after the Supreme Court reversed the lower court's dismissal of the case."
  • Opinion Text: Mordhorst v. Dakota Truck Underwriters

  • Montana
    Mont.: Decision in Florence case may impact use of dogs in searches
    Ravalli Republic: "A judge's ruling in the case of a Florence-Carlton High School student cited for marijuana possession could have major ramifications for how drug searches are done on school property in Montana."
    Mont.: Treatment court graduates celebrate success
    KXLH News: "The three most recent graduates of Lewis & Clark County's Treatment Court earned congratulations from a special guest on Monday afternoon - U.S. Senator Steve Daines."
    Mont.: Judges connect at conference in Polson
    Valley Journal: "Montana District Court judges, water judges, workers' compensation judges and Montana Supreme Court Justices met at Red Lion Inn in Polson last week for the bi-yearly meeting of the Montana Judges Association."

    Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for a Chief Assistant State's Attorney for Stutsman County in Jamestown has been posted.
    Job Announcement
    A job announcement for a State's Attorney for McKenzie County in Watford City has been posted.
    Job Announcement
    A job announcement for an Indigent Defense Contractor for North Dakota Commission on Legal Counsel for Indigents in Bismarck has been posted.
    Job Announcement
    A job announcement for a City Attorney for the City of Dickinson has been posted.

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