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Wednesday, October 22, 2014
Tomorrow at the Court
10:45am State v. Barnes
1:30pm Deckert v. McCormick
Waived State v. Jones
Waived State v. Reddig

8:00am Personnel Policy Board - Bismarck
Richard D. Farroh 1953-2014
Grand Forks attorney Richard D. Farroh, 61, died Oct. 21. He was a University of North Dakota School of Law graduate and was admitted to the N.D. bar in 1994. Funeral arrangements are pending at Amundson Funeral Home of Grand Forks.
  • Richard D. Farroh Attorney Record
  • Judgeships retained at Grand Forks
    The Supreme Court has ordered two judgeships retained at Grand Forks. The action follows the death of Judge Karen Braaten and the impending retirement of Judge Sonja Clapp. The positions will be filled by apppointment.
    November Term of Court
    North Dakota Supreme Court
    The November term of court has been posted, including issues and briefs.
    Historic Slope County Courthouse dismantled
    Slope County Courthouse Dickinson Press: "Court is not in session, and there definitely is no order. On Tuesday, 10 men, two excavators and a bulldozer began the final stage of the demolition of the Slope County Courthouse, the historic structure that has come to define the city of Amidon."
  • The August 2014 photos: Rural courthouses see improvements
  • MN Supreme Court: No jail for rapist was inappropriate
    MPR News: "In a decision a justice calls 'rare', the Minnesota Supreme Court [Oct. 22] overruled a lower court in Crookston that had let a man convicted of rape avoid prison. Jose Soto, with help from another man, raped a woman at a party in East Grand Forks in May 2012 in a sexual assault that lasted for more than two hours."
  • Opinion Text: State v. Soto
  • Minnesota law enforcement leaders say youth programs can keep juveniles out of trouble
    Minneapolis Star Tribune: "Statewide law enforcement groups in Minnesota say they support community-based youth programs as a way to keep young people out of trouble. A 2012 report from the Minnesota Office of Justice Programs shows that 90 percent of youth involved in intervention programs do not receive tickets, citations or new delinquency charges while receiving programming."
    Mont.: Judge to hear plea deal in Oil Patch killing
    ABC News/AP: "A Montana judge will consider a plea agreement Wednesday that calls for a Colorado man to plead guilty to killing a high school teacher and burying her in a shallow grave in the Bakken oil patch. The disappearance of Sherry Arnold when she went out for a jog in January 2012 shook this town of 6,200 near the North Dakota border."

    North Dakota
    Ray David 1925-2014
    Ray David Longtime Dickinson-area State Senator Ray David, 88, died Sept. 30. A private family memorial service will be held a later date. Bismarck Funeral Home is handling arrangements.
  • Bismarck Funeral Home
  • Personnel Policy Board Oct. 23 agenda
    The agenda for the Oct. 23 meeting of the Personnel Policy Board has been posted.
    Jury Standards Committee Oct. 24 agenda
    The agenda for the Oct. 24 meeting of the Jury Standards Committee and the committee's Aug. 22 minutes have been posted.
    Fargo Veterans Stand Down -- The Oct. 15, 2015 Photos
    Stand Down Logo On Oct. 15, Cass/Clay Project Community Connect and the Fargo VA Healthcare system presented a veterans stand down event at the Fargodome. The North Dakota court system participated by offering a special court session for veterans wishing to clear warrants and resolve criminal matters. Here are the photos.
  • Judicial system organizes stand down court for veterans
  • Cass/Clay Project Community Connect
  • Fargo VA Health Care System
  • Judge Tufte starts work, investiture set for Oct. 31
    Jerod Tufte New Southeast District Judge Jerod Tufte started work Sept. 19. His formal investiture ceremony will be held at 1:30 p.m. on Oct. 31 in the Barnes County Courthouse in Valley City. Tufte was appointed July 11 to fill the vacancy created by Judge John Paulson's retirement.
  • Judge Tufte Biography
  • Appellate practice tip of the week
    Drop the hyperbole!!!
  • Other appellate practice tips
  • Court sets hearing on petition to amend procedural rules, seeks comment
    The North Dakota Supreme Court has issued a Notice of Hearing and Comment on the Joint Procedure's Committee's annual Petition to Amend Court Rules. The committee proposes amendment of N.D.R.Civ.P. 3 and 26; N.D.R.Crim.P. 43; N.D.R.Ct. 10.1 and 11.2; and N.D. Sup. Ct. Admin. R 13, 41, and 52. Comments are due Oct. 30.
    LSND Fall 2014 newsletter now available
    The Fall 2014 edition of the Legal Services of North Dakota newsletter has been posted.
    UND Law Women's Caucus announces Helen Hamilton Day theme
    Helen Hamilton Each year, the UND Law Women's Caucus hosts Helen Hamilton Day in honor of the first female graduate from the School of Law. The theme for 2015 is the Modern Family. The event will be held Tuesday, March 3, 2015 and has been approved for three North Dakota CLE credits.
    Last Execution
    Prairie Public: "[Oct. 17,] 1905, John Rooney was hanged at the State Penitentiary in Bismarck. He had been convicted of murder, but went to his death claiming he was innocent."
  • Four Capital Murder Trials Since the Last Execution in 1905
  • N.D. 125: The Final Days
    North Dakota 125th Anniversary logo Prairie Public: "On October 16th, Territorial Governor Mellette and Secretary Richardson met in Bismarck and canvassed the election results. Completed on the 17th, they made the arrangements to provide a certified copy of the vote along with a certified copy of the North Dakota State Constitution to President Benjamin Harrison. It was hoped that the Presidential Proclamation could be issued as early as October 20th."
  • G.F. Herald: N.D. avoids being 'butt of national ridicule'
  • Burleigh lets architect prepare jail construction documents for bid
    Bismarck Tribune: "In a 3-0 vote, a skeletal Burleigh County Commission Monday decided to allow the architect firms it hired to start construction documents for a combined county jail. Sheriff Pat Heinert said the project could be advertised for bid by mid to late December with commission approval. The jail project could be awarded to a contractor by early March."

    U.S.: Justices will decide privacy case on hotel records
    United States Supreme Court building Associated Press: "The Supreme Court agreed Monday to referee a dispute over police access to hotels' guest information without first getting a search warrant. The justices said they will hear an appeal by the city of Los Angeles of a lower court ruling that struck down an ordinance that requires hotel operators to open their guest registries at the demand of police."
    U.S. Supreme Court Justice Sonia Sotomayor visits San Jose State
    Justice Sonia Sotomayor San Jose Mercury News: "For San Jose State University social science professor Maria Luisa Alaniz, the idea of luring U.S. Supreme Court Justice Sonia Sotomayor to a campus visit started with a whimsical remark during a dinner last February. But on Monday, that dinner table wish, conveyed to her husband, San Francisco U.S. District Judge Thelton Henderson, and documentary filmmaker Abby Ginzberg, became a reality."
    8th Circuit decides N.D. case
    U.S. Court of Appeals for the Eighth Circuit The United States Court of Appeals for the Eighth Citcuit has affirmed the entry of a guilty plea in a North Dakota methamphetamine distribution case.
  • United States v. Thompson
  • U.S.: Appeals court revives Syngenta, Bunge GMO lawsuit
    CBS Minnesota News/AP: "A federal appeals court gave agricultural chemical-maker Syngenta Seeds hope Monday that it may be able to proceed with a lawsuit against grain storage and transportation company Bunge North America for refusing to accept one of Syngenta's genetically modified corn varieties."
  • Opinion Text: Syngenta Seeds, Inc. v. Bunge North America, Inc.
  • Supreme Court denies Montana candidate's appeal
    Helena Independent Record: "Mark French really wants to tell Montana voters which Republican Party officials have endorsed him in next month's election, but he won't be getting any help from the U.S Supreme Court. The nation's highest court on Friday rejected the judicial candidate's request to block a state rule that says he can't seek or use Republican endorsements in his nonpartisan race."

    Minn.: Man wants to sue for being kept in jail too long
    MPR News: "A man imprisoned in Minnesota for more than three years longer than his original sentence is trying to sue the Department of Corrections. But there's no state law LaVelle Bible can cite for his lawsuit, an unusual dilemma that legal scholars and lawmakers say Minnesota should fix."
    Minn. court: No need to sell Mercedes to pay for stolen BMW
    Minnesota Great Seal MPR News: "The Minnesota Court of Appeals ruled [Oct. 20] that a man who stole a BMW from a Bloomington car dealer doesn't have to sell his Mercedes to pay restitution for his crime."
  • Opinion Text: State v. Alexander

  • South Dakota

    Mont.: Standardized bar exam broadens scope to 50 states
    NBC Montana News: "The Montana bar's switch to a standardized test takes the focus off Montana law and broadens the scope to all 50 states. The test results from July's bar exam reveal a 20 percent drop in passing scores. Typically 87 to 94 percent of UM law students pass the test. This year only 64 percent did, which means 22 students failed."

    Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for a Staff Attorney with the Legal Services of North Dakota in Minot has been posted.
    Job Announcement
    A job announcement for a Legal Secretary with the McKenzie County State's Attorney in Watford City has been posted.
    Job Announcement
    A job announcement for a Temporary Quality Assurance Specialist with the Office of the State Court Administrator in Bismarck has been posted.
    Job Announcement
    A job announcement for a Public Defender with the ND Commission on Legal Counsel for Indigents in Watford City has been posted.
    Job Announcement
    A job announcement for an Appellate Contractor with the ND Commission on Legal Counsel for Indigents has been posted.
    Job Announcement
    A job announcement for a Clerk of District Court I in Rolla has been posted.
    Job Announcement
    The Department of Human Services has posted a job announcement for an Attorney I at the Devils Lake Regional Child Support Unit.

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