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Sunday, July 24, 2016
New Opinions: July 20
The Supreme Court posted 13 new opinions on July 20.
September Term of Court
North Dakota Supreme Court
The September term of court has been posted, including issues and briefs.
Joint Procedure Committee May 12-13 minutes
The minutes of the Joint Procedure Committee's May 12-13 meeting have been posted.
Big Muddy Bar hosts The Banquet in Bismarck
The Banquet serving line The Big Muddy Bar Association hosted the Banquet at Trinity Lutheran Church in Bismarck July 21. The Banquet is a community event, hosted by various groups and served each week on Thursday evening. There is no cost to the guests, many of whom attend because they are lonely or appreciate the gift of a meal. Here are the photos.
Counties propose shared budget for combined jail
Bismarck Tribune: "The funding of operations at a new combined jail will be divided with Morton County providing 26 percent of costs and Burleigh County providing 74 percent of the $7.5 million shared budget for 2017. The shared operation budget will kick in after March 31, when four of the five jail pods are scheduled to open."
Minn.: Appeals court says Moorhead man can withdraw guilty plea
KFGO News: "The Minnesota Court of Appeals has ordered a new trial for a Moorhead man who sexually assaulted a pregnant woman and held her against her will. In 2013, Jesse Paskey was sentenced to 25-1/2 years in prison for criminal sexual conduct. Three other charges including kidnapping and assault were dismissed."
  • Opinion Text: Paskey v. State
  • S.D. high court: Ranchers should collect on storm-drowned cattle
    Sioux City Journal: "The state Supreme Court says a Quinn family should collect insurance for cattle that drowned during the autumn 2013 blizzard that devastated western South Dakota ranchers. The high court in an opinion released Thursday ruled that Richard and Lorayna Papousek's insurance covers 93 yearling heifers that died in the October 2013 storm under a drowning provision."
  • Opinion Text: Papousek v. De Smet Farm Mutual Ins. Co.

  • North Dakota
    North Dakota School-Justice Symposium to be held in Bismarck on Aug. 9
    The North Dakota Supreme Court, Bismarck Public Schools and the North Dakota Juvenile Justice State Advisory Group are sponsoring a symposium for schools, courts, law enforcement and other community partners on keeping kids in school on Aug. 9 at Legacy High School in Bismarck.
    Appellate practice tip of the week
    When seeking a stay from the Supreme Court, include the application made to the trial court and the trial court's denial of the stay.
  • See N.D.R.App.P. 8(a).
  • Other appellate practice tips
  • Court adopts amendments to administrative rules
    The Supreme Court has adopted amendments to two Administrative Rules: Rule 6.1 on administrative units and Rule 46 on the duties and appointment of the district court clerk. The amendments clarify oversight of work performed by county-employed clerks of court and take effect August 1.
    Court adopts amendments on limited scope representation
    The Supreme Court has adopted amendments to N.D.R.Civ.P. 11 on signing of pleadings, motions and other papers; N.D.R.Ct. 11.2 on withdrawal of attorneys; and N.D.R. Prof. Conduct 1.2 on scope of representation. The amendments are intended to facilitate increased use of limited scope representation and take effect August 1.

    U.S.: Appeals court strikes down Texas voter ID law
    USA Today: "A federal appeals court struck down Texas' tough voter identification law as discriminatory Wednesday, giving civil rights advocates a crucial victory in advance of the 2016 election. The 9-6 ruling from the U.S. Court of Appeals for the 5th Circuit, a generally conservative court, represents the third consecutive decision against the Texas law and sets up a potential Supreme Court showdown."
  • Opinion Text: Veasey v. Abbott

  • Minnesota
    Mahnomen deputy's killer loses bid at MN Supreme Court
    Minnesota Great Seal MPR News: "If Thomas Fairbanks hadn't been drinking and making a racket with his trailer-park friend in February 2009, Chris Dewey, a Mahnomen County sheriff's deputy, might still be alive today."
  • Opinion Text: State v. Fairbanks

  • South Dakota
    S.D. Supreme Court overturns Belle Fourche man's felony sentence
    Rapid City Journal: "A Belle Fourche man sentenced to 16 years in prison after pleading guilty to first-degree burglary will have a new court-appointed defense attorney and new sentencing hearing. The South Dakota Supreme Court on July 6 overturned the 2015 Butte County criminal sentencing for Raymond Martinez."
  • Opinion Text: State v. Martinez

  • Montana

    Other States and Jurisdictions
    Nation: Which law schools' grads have the least amount of debt?
    ABA Journal: "Based on its annual survey, US News & World Report has identified 10 law schools where the average student who took out loans has less than $70,000 of debt. The survey focuses on 2015 graduates who took on law school debt. Graduates of the University of Hawaii's William S. Richardson School of Law report the least amount of debt, with an individual average of $54,988."

    Job Announcements
    Job Announcement
    A job announcement for an Attorney II (Public Defender) with the Commission on Legal Counsel for Indigents in Williston has been posted.

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