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Sunday, February 19, 2017
Monday at the Court
Presidents' Day - Holiday
New Opinions: Feb. 16
The Supreme Court posted 21 new opinions on Feb. 16.
Court seeks comment on NEJD vacancy
The Supreme Court has issued a Notice of Consultation regarding the vacancy in Judgeship No. 2 in the Northeast Judicial District with chambers in Rugby. Comments on whether the judgeship should be retained, moved, or eliminated are due March 17.
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has issued an opinion in a North Dakota breach of contract case.
  • Mark Neubauer v. FedEx Corporation
  • U.S. top court to set guidelines for Trump treatment of non-citizens
    United States Supreme Court building Reuters: "The U.S. Supreme Court will decide three cases in coming months that could help or hinder President Donald Trump's efforts to ramp up border security and accelerate deportations of those in the country illegally."
    U.S. Supreme Court Feb. 21 arguments
    United States Supreme Court building Tuesday, the United States Supreme Court will hear arguments in a case involving claims by a Mexican citizen who was shot in Mexico by a U.S. Border Patrol agent and a case on the standard of review of a decision to quash an Equal Employment Opportunity Commission subpoena.
  • Hernandez v. Mesa
  • McLane Co. v. EEOC
  • Appeals court upholds meth-induced crash conviction that killed Minnesota woman
    Minnesota Great Seal Duluth News Tribune: "A Minnesota Appeals Court upheld this week the conviction of a Kittson County man whom police said was on meth during a fatal car crash more than two years ago."
  • Opinion Text: State v. Davis
  • 10 lawyer-authors choose the top 10 law novels in the past 10 years
    ABA Journal: "To Kill a Mockingbird, Anatomy of a Murder, Presumed Innocent, The Firm. Most legal fiction top 10 lists include one or more of these recognizable titles. But what about more recent fare? After all, it's been more than 55 years since Harper Lee introduced us to Atticus, and more than 25 years since the name "Grisham" became synonymous with the legal thriller. To compile a more recent collection, I enlisted the help of some fellow lawyer-authors-10 of the best in the business-to identify their favorite law novels published in the past 10 years."

    North Dakota
    SEJD Judge Greenwood to retire
    Judge John McClintock District Judge John Greenwood has announced his retirement effective August 1. He has served as a judge in the Southeast Judicial District since 1999.
  • Judge Greenwood's Retirement Letter
  • Judge Greenwood Biography
  • Neil W. Fleming 1943-2017
    Neil W. Fleming Longtime Cavalier attorney Neil W. Fleming died at his home on Feb. 14. He was a UND School of Law graduate and was admitted to the N.D. bar in 1968. A funeral Mass will be held at 1 p.m., Monday, Feb. 20, at St. Brigid's Catholic Church in Cavalier.
  • Neil W. Fleming Attorney Record
  • Funeral Home
  • Court amends rules of procedure effective March 1
    The Supreme Court has adopted amendments to the N.D. Rules of Civil Procedure, Criminal Procedure, Juvenile Procedure, Appellate Rules, Rules of Court and Administrative Rules effective March 1.
  • Synopsis of Amendments as Adopted
  • Court adopts amendments to lawyer discipline rules
    The Supreme Court has adopted amendments to the Rules for Lawyer Discipline. The amendments take effect March 1.

    Federal
    U.S.: Senate hearings for Supreme Court pick to begin March 20
    Associated Press: "The Senate Judiciary Committee will begin confirmation hearings for President Donald Trump's Supreme Court pick, Neil Gorsuch, on March 20."

    Minnesota
    MN court: No warrant needed to search house for guest
    Minnesota Great Seal MPR News: "The Minnesota Supreme Court Wednesday ruled that police do not need a search warrant to enter a home a suspect is visiting."
  • Opinion Text: State v. deLottinville

  • South Dakota
    SD Supreme Court Justice Wilbur says she will retire in June
    Justice Lori Wilbur Pierre Capital Journal: "South Dakota Supreme Court Justice Lori Wilbur announced on Wednesday she will retire in June after six years on the high court in Pierre. Wilbur, 64, has been part of the state's judicial branch since 1992, for 25 years by the time she retires."

    Montana
    Montana Supreme Court rules against Ravalli District Court, county attorney's office
    Montana State Seal Ravalli Republic: "In a 4-3 ruling, the Montana Supreme Court found that Ravalli County District Judge James Haynes was wrong to deny a defendant's request to release a video-recorded interview with the victim in a 2013 attempted homicide case."
  • Opinion Text: State v. Pope

  • Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for a prosecutor to provide assistance to Morton County in the Dakota Access Pipeline protest cases has been posted.
    Job Announcement
    A job announcement for a Temporary Attorney (Public Defender) with the North Dakota Commission on Legal Counsel for Indigents in Minot has been posted.

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