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Saturday, May 30, 2015
New Opinions: May 27
The Supreme Court posted 23 new opinions on May 27.
Jack of all trades, master of law
Eric E. Johnson UND Discovery Magazine: "Top 40 radio DJ, stand-up comic, inventor, intellectual property litigator, entertainment lawyer, writer, inventor, web programmer, start-up founder and University of North Dakota law professor, there's not much Eric E. Johnson hasn't done or can't do."
8th Circuit decides N.D. firearms case
U.S. Court of Appeals for the Eighth Circuit The United States Court of Appeals for the Eighth Circuit has affirmed a conviction in a North Dakota case involving possession of firearms by a felon.
  • United States v. Sweeney
  • Obama administration won't seek Supreme Court review in immigration case
    Chicago Tribune: "The government will not ask the Supreme Court to review a judge's decision that put on hold President Barack Obama's executive action on immigration, the Justice Department said Wednesday. The decision came one day after a federal appeals court panel refused to lift a Texas judge's injunction that kept the sweeping immigration plan from taking effect."
    Minnesota man's conviction in al-Shabab case affirmed
    St. Paul Pioneer Press: "A federal appeals court has affirmed the conviction of a man who authorities say played a key role in funneling others from Minnesota to the terrorist group al-Shabab in Somalia. Mahamud Said Omar, 49, is serving a 20-year sentence on terrorism charges."
  • Opinion Text: United States v. Said Omar
  • Montana drug court officials work to curb incarceration rate for Bakken drug users
    KTVQ News: "The Bakken boom has brought in more than oil money to Montana and North Dakota; it's also been accompanied by a spike in drug activity that fuels an underground economy. On Wednesday, officials from the 7th Judicial District's drug courts met in Sidney to discuss changes and improvements in the system."
  • Dickinson Press: As addiction rises in Bakken area, one treatment court intervenes
  • SD Supreme Court sides with panhandler in stop, frisk case
    South Dakota Great Seal KDLT News: "The South Dakota Supreme Court has reversed the conviction of a panhandler who challenged that his arresting officer had no reasonable suspicion to stop and frisk him. Justices on Thursday ruled in the case of Rapid City resident David Walter, who received a three-year suspended sentence in June after being found guilty of meth possession."
  • Opinion Text: State v. Walter

  • North Dakota
    UND School of Law to honor Trelfa
    Phyllis Trelfa The UND School of Law will be hosting a retirement reception honoring Phyllis Trelfa. She served as an assistant in the Dean's Office for over 20 years supporting students, faculty and staff. The reception will be on Thursday, June 4, from 4-6 p.m. at the North Dakota Museum of Art on the UND Campus. All alumni and friends are invited to attend.
  • UND: Retirement reception honoring Phyllis Trelfa
  • June Term of Court - Updated
    North Dakota Supreme Court
    Four additional cases have been added to the June term of court. They are the 2:45 cases on June 15, 22, 23, and 29.
    NEJD Judge Sturdevant announces retirement
    Judge Michael Sturdevant Northeast Judicial District Judge Michael Sturdevant has announced his retirement effective Sept. 1. In a letter to Governor Jack Dalrymple, Sturdevant wrote that it was his "pleasure and honor to serve in this essential position." Sturdevant was appointed to his judgeship in 2006 by Gov. John Hoeven.
    Appellate practice tip of the week
    Except for brief excerpts showing the judge's reasoning, district court transcripts filed in electronic form may not be included in the appendix.
  • See N.D.R.App.P. 30(a)(2)
  • Other appellate practice tips
  • Board of Law Examiners Directory Survey
    The Board of Law Examiners is conducting a survey about utilization of the printed and online Judges and Lawyers Directory. Lawyers, court personnel, paralegals, administrative assistants, and other directory users are asked to respond to a very brief survey. The survey will be available through June 15 and can be accessed by clicking on the following link:
  • Directory Survey
  • Court adopts amendments to electronic filing rule
    The Supreme Court has adopted amendments to N.D.R.Ct. 3.5 on Electronic Filing in the District Courts. The amendments remove Word documents from the list of approved formats for electronic filing. The amendments take effect June 1.
    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.
    Attorney general: Premature to opine on election law
    N.D. Attorney General Wayne Stenehjem Dickinson Press: "The North Dakota Attorney General says it's premature to issue an opinion on whether federal campaign contribution laws apply to state candidates. In a letter to state Democratic legislative leaders, Wayne Stenehjem cited a recent Federal Election Commission complaint filed by Democrats in Grand Forks over foreign campaign contributions to Republican candidates."

    US appeals court rejects Arkansas' 12-week abortion ban based on fetal heartbeat
    U.S. Court of Appeals for the Eighth Circuit U.S. News and World Report/AP: "A federal appeals court struck down one of the nation's toughest abortion restrictions on Wednesday, ruling that women would be unconstitutionally burdened by an Arkansas law that bans abortions after the 12th week of pregnancy if a doctor can detect a fetal heartbeat."
  • Opinion Text: Edwards v. Beck

  • Minnesota
    Minn. appeals court: Criminal defamation law is unconstitutional
    Minnesota Great Seal CBS Minnesota News/AP: "The Minnesota Court of Appeals ruled Tuesday that a state law making it illegal to defame someone is unconstitutional because it's too broad. The decision reverses the conviction of Timothy Turner, who was found guilty of criminal defamation after he posted sexually explicit Internet ads in 2013 that appeared to be posted by his ex-girlfriend and her underage daughter."
  • Opinion Text: State v. Turner
  • Minn.: Aurora man's child abuse conviction overturned
    Minnesota Great Seal Duluth News Tribune: "The Minnesota Court of Appeals on Tuesday reversed an Aurora man's child abuse conviction, finding that the evidence in the case was insufficient to prove that his infant daughter's injuries were deliberately inflicted."
  • Opinion Text: State v. Kjellberg

  • South Dakota

    Court reverses ruling on Montana campaign contribution limits
    Missoulian/AP: "States may cap political donors' campaign contributions only if they can show that those limits are preventing corruption or the appearance of corruption, a federal appeals court ruled Tuesday. The ruling by a three-judge panel from the 9th U.S. Circuit Court of Appeals in a Montana case could make it more difficult for states to defend their restrictions on the amount of money that individual donors give candidates in state elections."
  • Opinion Text: Lair v. Bullock
  • Mont.: Supreme Court upholds dismissal of discrimination suit against Bozeman police
    Bozeman Chronicle: "The Montana Supreme Court has upheld a local judge's decision to dismiss a discrimination lawsuit against the Bozeman Police Department. In its 5-0 opinion published Tuesday, the state's high court affirmed Gallatin County District Judge Holly Brown's dismissal of a 2012 lawsuit against Bozeman police. Corey Hansen, a disabled veteran from Billings who was refused a room at a Bozeman hotel, filed the suit."
  • Opinion Text: Hansen v. Bozeman Police Dept.

  • Other States and Jurisdictions
    'Ransomware' software attacks stymie law firms
    ABA Journal: "In the annals of Internet crime, 'ransomware' -- software that freezes up a computer, encrypts all its data and demands a ransom for the system's restoration -- is especially malicious. And attorneys are among the targets."
    Nebraska lawmakers abolish the death penalty, narrowly overriding governor's veto
    Washington Post: "Nebraska lawmakers voted to abolish the death penalty Wednesday, overriding a veto from the governor and making that state the 19th in the country to ban capital punishment. The narrow vote in Lincoln on Wednesday made Nebraska the first state in two years to formally abandon the death penalty."

    Job Announcements
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    A job announcement for an Assistant State's Attorney for Ward County in Minot has been posted.
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    A job announcement for six Assistant Attorney General positions with the North Dakota Office of Attorney General in Grand Forks, Fargo and Bismarck has been posted.
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    A job announcement for an Electronic Court Recorder with the District Court in Bismarck has been posted.
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    A job announcement for a Legal Administrative Assistant for the City of Minot has been posted.
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    A job announcement for an Assistant City Attorney for the City of Minot has been posted.
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    A job announcement for five law clerks with the North Dakota Supreme Court in Bismarck has been posted.
    Job Announcement
    A job announcement for an Attorney I with the Regional Child Support Office in Fargo has been posted.
    Job Announcement
    A job announcement for a Legal Assistant I with the McKenzie County State's Attorney Office in Watford City has been posted.

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