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Friday, August 26, 2016
New Opinion: Aug. 25
The Supreme Court posted a new opinion on Aug. 25.
NWJD Judge Nelson to retire
Judge David Nelson Judge David Nelson, Williston, has announced his resignation effective December 31. He is the presiding judge in the Northwest Judicial District. He was elected district judge in 1994 and re-elected in 1996, 2002, 2008 and 2014.
  • Judge Nelson Biography
  • Court sets hearing, seeks comment on proposed procedural rule amendments
    The Supreme Court has issued a Notice of Hearing and Comment on proposed changes to the Rules of Civil Procedure, Criminal Procedure, Juvenile Procedure, Appellate Procedure, Court, and the administrative rules. Comments are due and the hearing is set for Oct. 12.
    'No good news,' Stenehjem says as ND serious crime up 10 percent in 2015
    G.F. Herald: "Last year's economic slowdown in North Dakota didn't put a damper on criminal activity, as the state posted its largest increase in the per-capita crime rate in at least five years and the most homicide deaths in more than two decades, figures released Thursday show."
    U.S.: How the Burger Court shaped today's conversations on race and crime
    United States Supreme Court building MPR News: "St. Paul native Warren Burger served as Chief Justice of the United States from 1969 -- when he was appointed by Richard Nixon -- until 1986. The 17 years he led the Supreme Court are often written off as a transitional period."
    U.S. court: Michigan sex offender rules cannot be retroactive
    Associated Press: "Significant changes to Michigan's sex offender registry law cannot be applied retroactively to potentially thousands of sex offenders because the revisions unconstitutionally stiffen the punishment of offenders after their convictions, a federal appeals court ruled Thursday."
  • Opinion Text John Does 1-5 v. Snyder
  • MN Supreme Court: Drugs can be part of DWI blood test
    Minnesota Great Seal MPR News: "In May 2014, Debra Fawcett was involved in a two-vehicle crash at Minnesota Highway 65 and 109th Avenue in Blaine when she allegedly ran a red light. A police officer smelled alcohol on her breath and she acknowledged having 'two or three' beers earlier."
  • Opinion Text: State v. Fawcett
  • La.: 2012 Supreme Court ruling may spur takings lawsuits
    Greenwire: "A Supreme Court ruling in a 2012 fight over a flooded Arkansas wildlife refuge could boost the chances of Baton Rouge-area officials hoping for federal compensation for last week's catastrophic deluge in parishes and towns near Louisiana's capital."

    North Dakota
    Judicial Ethics Advisory Committee issues formal opinion
    The Judicial Ethics Advisory Committee has issued formal opinion 2016-3 on whether a judicial candidate may use a written advertisement setting forth the comparative attorney records of the candidate and his opponent.
    Judgeship retained at Grand Forks
    The Supreme Court has ordered the judgeship vacated by the resignation of Judge Debbie Kleven in the Northeast Central Judicial District retained at Grand Forks. The vacancy will be filled by appointment.
  • Northeast Central Judicial District
  • Indigent counsel commission welcomes new deputy director
    Travis Finck The N.D. Commission on Legal Counsel for Indigents has a new Deputy Director, Travis Finck. Finck is a lifelong North Dakotan. He has most recently headed the commission's Bismarck office.
  • Travis Finck Attorney Record
  • Court adopts amendments to court recordings rules
    The North Dakota Supreme Court has adopted amendments to N.D. Sup. Ct. Admin. R. 40 and 41 related to access to audio recordings of district court proceedings. The amendments take effect Oct. 1.
    Court adopts amendments to rules on defendant's presence
    The North Dakota Supreme Court has adopted amendments to N.D.R.Crim.P. 10 and 43 relating to the defendant's presence at the preliminary hearing and arraignment. The Court also made changes to the criminal procedure forms. The amendments take effect Oct. 1.
    Appellate practice tip of the week
    Make sure you are appealing something appealable. Not every order or ruling that may be reviewed on appeal is itself appealable.
  • Other appellate practice tips
  • September Term of Court
    North Dakota Supreme Court
    The September term of court has been posted, including issues and briefs.
    Court seeks comment on proposed amendments to lawyer discipline rules
    The Supreme Court has issued a Notice of Comment seeking feedback on proposed changes to the Rules for Lawyer Discipline. Among the proposals are amendments to Rule 2.4 to create one statewide inquiry committee and to Rule 6.3 to clarify what work a lawyer can do while suspended from the practice of law. Comments are due Sept. 2.
    Minnesota will not appeal North Dakota coal power suit
    Bismarck Tribune: "Minnesota will not appeal a federal court ruling that called unconstitutional a law restricting importing electricity from coal-fired electric generating plants. North Dakota filed the suit against the Minnesota Next Generation Energy Act and won in a federal district 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 dismissed an appeal and denied a petition for writ of mandamus in a Minot records privacy dispute.
  • Auer v. Trans Union, LLC

  • Federal
    U.S.: The summer of Sandra Day O'Connor, then and now
    Sandra Day O'Connor CNN: "She always insisted it was luck that led to her appointment as the first woman on the US Supreme Court. But Sandra Day O'Connor was ready for her luck. She demonstrated that 35 years ago this summer when Reagan administration lawyers flew to Arizona to interview her as one of several candidates for a court vacancy."
    U.S.: It's children against federal lawyers in immigration court
    New York Times: "After a long, scary trek through three countries to escape the gang violence in El Salvador, a 15-year-old boy found himself scared again a few months back, this time in a federal immigration court."
    U.S. court: Out-of-state license plates don't justify search
    Associated Press: "Law enforcement officials in Kansas cannot stop and search motorists just for having out-of-state license plates from states that have legalized marijuana, a federal appeals court ruled Tuesday."
  • Opinion Text: Vasquez v. Lewis

  • Minnesota
    Cars parked in driveway are public safety hazard, MN court says
    MPR News: "A Minnesota law requiring collector cars to be 'screened' from public view has survived a challenge from a Cleveland Avenue, St. Paul man who buried two of them under tarps."
  • Opinion Text: Appeal of John Krenik
  • Minn.: Public defender still going at 74
    St. Cloud Times: "[W]ords, written 22 years ago on a public defender job application completed by Denis Hynes, go a long way to define who Hynes is and why he's doing what he does. They also answer the question of why he's still doing it at the age of 74."
    MN Supreme Court: St. Paul 'assessments' are really taxes
    Minnesota Great Seal MPR News: "The Minnesota Supreme Court on Wednesday delivered a blow to a key municipal finance mechanism in St. Paul for the last decade. The court ruled that so-called 'right-of-way assessments' instituted more than a decade ago by the city should legally be considered taxes, not fees."
  • Opinion Text: First Baptist Church v. City of St. Paul

  • South Dakota

    Mont.: Supreme Court denies Billings serial rapist's appeal
    Montana State Seal Billings Gazette: "Billings serial rapist Toby Eugene Griego lost his appeal to the Montana Supreme Court on Tuesday, but not before the justices admonished police about an investigative practice."
  • Opinion Text: State v. Griego
  • Federal prisoners in Montana private prison staying put
    NBC Montana News/AP: "Though the Department of Justice has announced it will no longer house federal inmates in private prisons, federal prisoners in Montana are staying in their privately-owned beds."

    Other States and Jurisdictions

    Job Announcements
    Job Announcement
    A job announcement for an Assistant State's Attorney for Williams County in Williston has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney for Morton County in Mandan has been posted.
    Job Announcement
    A job announcement for a Case Administrator with the U.S. District Court in Bismarck has been posted.
    Job Announcement
    A job announcement for a Law Clerk with the U.S. District Court in Bismarck has been posted.
    Job Announcement
    A job announcement for an Assistant State's Attorney for Stutsman County in Jamestown has been posted.
    Job Announcement
    A job announcement for a Contract Attorney for the Commission on Legal Counsel for Indigents in Stutsman County has been posted.

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