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Wednesday, April 26, 2017
Tomorrow at the Court
Joint Procedure Committee
New Opinions: April 25
The Supreme Court posted 25 new opinions on April 25.
Justice Kapsner announces resignation
Justice Carol Kapsner Justice Carol Kapsner has announced her resignation effective July 31. She was appointed to the Supreme Court in October 1998 by Governor Edward T. Schafer after a long career in private practice. She is a University of Colorado School of Law graduate.
  • Gov. Burgum's News Release
  • Justice Kapsner Biography
  • NEJD Judge Geiger to retire
    Judge Richard Geiger District Judge Richard Geiger has announced his retirement effective October 1. He was elected judge of the Northeast Judicial District in 1994. He previously served as county judge of Walsh, Pembina, and Cavalier Counties from 1987-1994.
  • Judge Geiger Biography
  • Ward County Bar Association to hold open discussion for attorneys, judges
    The Ward County Bar Association will hold an open discussion on April 28 from noon to 1 p.m. in the Ward County Administration Building, Room 106. The purpose of the discussion is to review current practices, discuss concerns, and explore solutions in hopes of continued improved communication and procedural enhancement between attorneys and the courts.
    U.S. Supreme Court opinion: April 25
    United States Supreme Court building The United States Supreme Court has issued an opinion in a personal injury case involving tribal sovereign immunity.
  • Lewis v. Clarke
  • U.S. Supreme Court April 25 arguments
    Tuesday, the United States Supreme Court hears arguments in two cases on long arm jurisdiction in state court.
  • BNSF Railway Co. v. Tyrrell
  • Bristol-Myers Squibb Co. v. Superior Court of California
  • U.S. Supreme Court April 26 arguments
    Wednesday, the United States Supreme Court hears arguments in a case under the Biologics Price Competition and Innovation Act and in a case on whether a naturalized American citizen have her citizenship revoked for making an immaterial false statement in her naturalization application.
  • Sandoz Inc. v. Amgen Inc.
  • Maslenjak v. United States
  • U.S.: Justices weigh defendants' right to own mental health expert
    Associated Press: "The Supreme Court seemed closely divided Monday about whether an Alabama death row inmate should get a new sentencing hearing because he did not have a mental health expert on his side when he was tried and sentenced to death."
    Minn. burglary conviction rests on this question: Is a motel room a building?
    Minnesota Great Seal MPR News: "Lionel Lopez broke into a Willmar motel room in November 2015 while its occupant - a co-worker - was taking a shower. Lopez swiped a cellphone and a wallet. Is that burglary?"
  • Opinion Text: State v. Lopez
  • Mont.: Charity con man can be asked to pay restitution, court rules
    Bozeman Daily Chronicle/AP: "A Maryland saxophone player who was convicted of defrauding a Montana charity could be required to pay restitution to victims of similar schemes throughout the country, the 9th U.S. Circuit Court of Appeals has ruled."
  • Opinion Text: United States v. Johnson

  • North Dakota
    May Term of Court
    North Dakota Supreme Court
    The May term of court has been posted, including issues and briefs.
    Notice of Judicial Vacancies
    The Judicial Nominating Committee has received letters from Governor Doug Burgum convening the committee to screen applicants and submit a list of nominees to fill two judgeships: one in the Northeast Judicial District and one in the Southeast Judicial District. Applications are due May 1.
    Court adopts rule amendments related to victims' rights
    The Supreme Court has adopted amendments to N.D.R.Crim. P. 15, 16 and 32; N.D.R.Juv.P. 4 and 12.1; N.D.R.Ct. 3.4 and N.D.Sup.Ct.Admin.R. 41. The amendments are intended to implement the victims' rights provisions in N.D. Const. Art. I, § 25. They take effect May 1.
    Joint Procedure Committee April 27-28 agenda
    The agenda for the April 27-28 meeting of the Joint Procedure Committee and the committee's Jan. 26-27 minutes have been posted.
    Judgeship retained at Rugby
    The Supreme Court has ordered the judgeship vacated by the retirement of District Judge John C. McClintock, Jr., to be retained at Rugby.
    Judgeship retained at Jamestown
    The Supreme Court has ordered the judgeship being vacated by the retirement of District Judge John E. Greenwood, effective August 1, 2017, to be retained at Jamestown.
    Chief justice calls corrections reform 'the right thing to do'
    Bismarck Tribune: "The state's top jurist said a package of corrections bills signed by the governor this week was more than fiscally savvy. 'It is not only money, it is the right thing to do,' said Gerald VandeWalle, chief justice of the North Dakota Supreme Court."
    8th Circuit decides N.D. case
    U.S. Court of Appeals for the Eighth Circuit The United States Court of Appeals for the Eighth Circuit has affirmed the district court's rejection of a sentence reduction request in a North Dakota drug case.
  • United States v. Cossette

  • Federal

    Minnesota

    South Dakota
    S.D.: Though supervising fewer offenders, SB 70 leaves court services busier than ever
    South Dakota Great Seal Mitchell Daily Republic: "With fewer probationers on average to supervise, local court services officers have found room to breathe. In South Dakota's First Judicial Circuit, which includes Davison County, court services officers last year supervised 20 percent fewer probationers on average."

    Montana
    Mont.: US Supreme Court won't intervene in special election
    NBC Montana News/AP: "The ballot for Montana's special congressional election is set after the U.S. Supreme Court rejected an appeal by three minor party and independent candidates who want to run in next month's race."

    Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for a City Attorney for the City of Dickinson has been posted.
    Job Announcement
    A job announcement for a Special Case Contractor with the Commission on Legal Counsel for Indigents in Western North Dakota has been posted.
    Job Announcement
    A job announcement for an Indigent Defense Contractor with the Commission on Legal Counsel for Indigents in Dickey and LaMoure Counties has been posted.
    Job Announcement
    A job announcement for an Indigent Defense Juvenile Contractor with the Commission on Legal Counsel for Indigents in Cass County has been posted.
    Job Announcement
    A job announcement for five law clerk positions with the North Dakota Supreme Court in Bismarck has been posted.

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