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Saturday, April 25, 2015
New Opinions: April 22
The Supreme Court posted four new opinions on April 22.
May Term of Court
North Dakota Supreme Court
The May term of court has been posted, including issues and briefs.
U.S. Supreme Court April 27 arguments
United States Supreme Court building Monday, the United States Supreme Court will hear arguments in a case on whether a pretrial detainee making an excessive force claim needs to show that a state actor applied force recklessly and acted with reckless disregard for the detainee's rights.
  • Kingsley v. Hendrickson
  • Federal District Court Grants State's Motion To Join Challenge
    The Federal District Court for the District of Wyoming has now issued an order permitting North Dakota to intervene as a party, joining the State of Wyoming, in a challenge to the US Bureau of Land Management's (BLM) authority to impose federal regulations on hydraulic fracturing practices.
    South Dakota: Judge delays execution of South Dakota inmate
    Argus Leader: "A South Dakota death row inmate's execution has been delayed pending resolution of his latest appeal. Circuit Court Judge Douglas Hoffman signed a stay of execution late Thursday afternoon for Rodney Berget."
    9th Circuit: After court adjourns, 9th Circuit judge's movie nights are a hit
    LA Times: "It's movie night at the courthouse. U.S. 9th Circuit Court of Appeals Judge Alex Kozinski, his identification and security tags hanging from his neck, greets dozens of people who have shown up early for a guided tour of the court's headquarters, an ornate columned building on the edge of San Francisco's seamy Tenderloin.
    8th Circuit issues opinions in N.D. case
    The United States Court of Appeals for the Eighth Circuit has released an opinion in a North Dakota case. The court affirmed the denial of disability benefits and supplemental security income.
  • Fowler v. Colvin
  • South Dakota: USD law school trying to clear stench
    Argus Leader: "An odor that smells like rotting onions has been a problem this school year in the University of South Dakota's School of Law building."
    Federal panel reviewing Native American sentencing
    Judge Ralph Erickson Wall Street Journal: "Spurred by concerns from judges, prosecutors and tribal leaders, a federal panel is reviewing whether Native Americans living on reservations face disproportionately harsher punishments for crimes than other Americans. Ralph Erickson, chief federal district court judge for North Dakota and head of the U.S. Sentencing Commission committee conducting the review, is among those calling for an examination of the sentencing practices on the nation's 325 reservations."
    Why law schools are losing relevance - and how they're trying to win it back
    Washington Post: "Law schools across the country are facing their lowest enrollment numbers in years, causing some to slash their budgets and revamp their programs in an effort to attract students worried about finding a job in a diminished legal industry."
    Cover band classics prompt costly copyright claims against Minn. bars
    KSTP News: "'(Sittin' On) The Dock of the Bay,' 'Bennie and the Jets' and 'Brown Eyed Girl.' They're cover band classics-songs that have also cost some Minnesota bars tens of thousands of dollars after they were hit with copyright infringement lawsuits."

    North Dakota
    Free Law Day CLE to be held May 1 in Grand Forks
    The Greater Grand Forks County Bar Association and Grand Forks Court Administration are sponsoring a free Law Day CLE. The CLE will be held from 2-4 p.m. on May 1 in Courtroom 202 of the Grand Forks County Courthouse. The CLE has been approved for 2.0 N.D. CLE Credits.
    Appellate practice tip of the week
    Make sure cases and statutes are cited correctly. Make sure cases cited are still good law.
  • Other appellate practice tips
  • Parenting Investigator/Legal Guardian ad Litem 18-hour certification training
    Parenting Investigator/Legal Guardian ad Litem certification training will be offered June 17-19 in Bismarck.This 18-hour orientation will provide interactive projects and group discussions. Sessions will focus on understanding the role of the parenting investigator and guardian ad litem, gathering information, interviewing, applying the best interest factors, writing a parenting investigator report, and testifying in the court room. This course qualifies for the 18-hour orientation training required by Rules 8.6 and 8.7 of the North Dakota Rules of Court.
    Court approves juvenile rule amendments
    The Supreme Court has approved rule amendments related to practice and procedure in the juvenile courts. The amendments affect the N.D. Rules of Juvenile Procedure, Rule of Evidence 1101, and the Unified Judicial System Policies. The amendments take effect May 1.
    Court seeks comment on proposed child support rule
    The Supreme Court has issued a notice of comment on proposed new N.D. Rule of Court 8.14. The new rule relates to termination of child support orders. Comments are due May 1.

    Federal
    U.S. Supreme Court opinion: April 22
    United States Supreme Court building The United States Supreme Court has issued an opinion in a consolidated Federal Tort Claims Act case involving the issue of whether time deadlines for claims are subject to equitable tolling.
  • United States v. Wong
  • U.S. justices: Drug search that delays traffic stop is unconstitutional
    USA Today: "A divided Supreme Court ruled Tuesday that police cannot detain drivers stopped for traffic violations in order to search for drugs without reasonable suspicion. The 6-3 decision was a victory for privacy groups opposed to police searches and a defeat for the government and law enforcement officials."
  • Rodriguez v. United States
  • California raisins go back before the U.S. Supreme Court
    L.A. Times: "The California raisins go back before the U.S. Supreme Court on Wednesday, this time to decide whether a Depression-era farm program that propped up prices for raisins unconstitutionally took the private property of a disgruntled grower."
    Federal Public Defender announces CJA panel attorney training
    The Federal Public Defenders Office will hold the annual Criminal Justice Act panel attorney training in Bismarck on May 11, Minot on May 12, Grand Forks on May 13 and Fargo on May 14. Training sessions will start at 8:30 a.m. each day.

    Minnesota

    South Dakota
    S.D.: Hutterite Colony battle has yet another day in court
    Pierre Capital Journal: "The fight for control of Hutterville Colony, a Hutterite colony near Aberdeen, went before the South Dakota Supreme Court in Pierre for a fourth time Tuesday. The latest dispute is about 9,800 acres of the religious colony's farmland in Brown and Spink counties."

    Montana

    Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for a Contract Attorney with the Commission on Legal Counsel for Indigents in the Northeast Judicial District has been posted.
    Job Announcement
    A job announcement for an Administrative Assistant I position with the District Court Administrative Office in Fargo has been posted.
    Job Announcement
    A job announcement for a temporary attorney (public defender) with the Commission on Legal Counsel for Indigents in Williston has been posted.
    Job Announcement
    A job announcement for a Contract Attorney with the Commission on Legal Counsel for Indigents in the Northwest Judicial District has been posted.
    Job Announcement
    A job announcement for an Attorney III with the North Dakota Department of Transportation in Bismarck has been posted.
    Job Announcement
    A job announcement for a Legal Secretary with the Burleigh County State's Attorney's Office in Bismarck has been posted.
    Job Announcement
    A job announcement for a Judicial Assistant with the North Dakota Supreme Court in Bismarck has been posted.
    Job Announcement
    A job announcement for a Deputy Clerk of District Court III with the District Court in Minot has been posted.
    Job Announcement
    A job announcement for five law clerks with the North Dakota Supreme Court in Bismarck has been posted.
    Job Announcement
    A job announcement for two Case Administrator I positions with the United States District Court in Bismarck and Fargo has been posted.

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