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Thursday, October 30, 2014
Tomorrow at the Court
10am Committee on Tribal and State Court Affairs - Bismarck
New Opinions: Oct. 28
The Supreme Court posted 15 new opinions on Oct. 28.
Scouts hold mock trial at McKenzie County 'trailer court'
Judge Robin Schmidt helps her Scout counterpart On Oct. 21, more than 30 Watford City Cub Scouts from Pack 382 participated in the Cub Scouts Law Night presented by the McKenzie County Sheriff's Office. McKenzie County State's Attorney Jake Rodenbiker, Assistant State's Attorney Chas Neff, Attorney William Sand and Northwest Judicial District Judge Robin Schmidt helped out. Here are the photos.
U.S.: Obamacare faces new threat as Supreme Court weighs appeal
United States Supreme Court building Bloomberg News: "The fate of President Barack Obama's health-care law is again in the hands of the U.S. Supreme Court. Two years after upholding the law by a single vote, the justices are weighing whether to hear a Republican-backed appeal that would block people in 36 states from getting tax subsidies to buy insurance."
Mont.: State ordered to respond to latest Barry Beach petition
KPAX News: "The Montana Supreme Court has ordered a response from state authorities in the latest petition filed by lawyers for Barry Beach. The order was issued Wednesday and signed by Justice Patricia Cotter and requires the state, which is represented by the Montana Attorney General's Office, to answer two issues raised in a petition for writ of habeas corpus filed Thursday."
Minn.: Court rejects Northwestern Mutual's denial of death benefit
Minnesota Great Seal Insurance News Net: "The Minnesota Supreme Court has ruled that Northwestern Mutual acted improperly when it refused to pay the death benefit of a dead man the company claimed had withheld information about his health history when filling out his life insurance application."
  • Opinion Text: Larson v. Northwestern Mutual
  • Prisoners' religious rights at center of lawsuit, Minn. state policy change
    KSTP News: "Should a prisoner be allowed to grow a beard? Or wear a yarmulke? Or a Muslim headscarf? They're questions that are currently before the U.S. Supreme Court. And now, the state of Minnesota is being sued over its policy, even after it was pressured into a key change a few weeks ago."
    Virginia Supreme Court hears Yelp Internet speech case
    Richmond Times Dispatch: "The Virginia Supreme Court is considering an appeal from a social networking website ordered to reveal the identities of seven anonymous online posters. In arguments Tuesday, a lawyer for Yelp Inc. told the justices that the order by Alexandria Circuit Judge Lisa B. Kemler would violate the First Amendment rights of the seven."
    Job Announcement
    A job announcement for a Court Reporter with the District Court in Minot has been posted.
    Job Announcement
    A job announcement for an Indigent Defense Contractor with the N.D. Commission on Legal Counsel for Indigents in Jamestown has been posted.

    North Dakota
    November Term of Court
    North Dakota Supreme Court
    The November term of court has been posted, including issues and briefs.
    N.D. 125: Photos and bios of all N.D. district judges since statehood
    North Dakota 125th Anniversary logo In honor of North Dakota's 125th Anniversary, the photos and biographies of all 184 district judges who have served since statehood have been compiled by Staff Attorney Mike Hagburg, and Law Library staff Rosemarie Sperle and Ted Smith.
    Announcement of Judicial Vacancy
    The Judicial Nominating Committee received a letter from Governor Jack Dalrymple convening the committee to screen applicants and submit a list of nominees to fill the judicial positions open as a result of the retirement of Judge Sonja Clapp and the recent death of Judge Karen Braaten. These vacancies are in the Northeast Central Judicial District, designated Judgeships No. 1 and No. 2, with chambers in Grand Forks. Applications are due Nov. 7.
    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
  • Court sets hearing on petition to amend procedural rules, seeks comment
    The 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.
    Appellate practice tip of the week
    Effective Oct. 1, notices of appeal must be filed with the Clerk of the Supreme Court rather than the Clerk of District Court.
  • See N.D.R.App.P. 3(a)(1)
  • Other appellate practice tips
  • N.D. 125: Statehood at Last
    North Dakota 125th Anniversary logo Prairie Public: "The road to statehood had been a long, difficult journey encompassing thirty-two years. Officially it began on March 2, 1861, when the Organic Act creating the Territory of Dakota was issued; however, attempts at statehood had an earlier beginning. In 1857, the Dakota Land Company promoted the states of Minnesota and Dakota."
    N.D. 125: Days as a territory were numbered
    G.F. Herald: "As statehood drew near 125 years ago, life went on in a somewhat jolly fashion here in Grand Forks. For example, one item in the Herald after Halloween in 1889 ran under the heading, 'The mind has lost its elasticity.'"
    Maring honored with 8th Circuit award
    Justice Mary Maring News Release: "The 'Richard S. Arnold Award for Distinguished Service' was recently awarded by the Association of the Bar for the United States Court of Appeals for the Eighth Circuit to the Honorable Mary Muehlen Maring of the North Dakota Supreme Court."

    U.S.: A boy's passport becomes a big Supreme Court case
    United States Supreme Court building USA Today: "Menachem Binyamin Zivotofsky just turned 12. For 11 of those years, he has been the protagonist in a legal battle that the U.S. government warns could 'provoke uproar throughout the Arab and Muslim world.' Now the Supreme Court is weighing in - for the second time."
  • ABA Journal: Fisherman convicted of violating Sarbanes-Oxley will be heard by the Supreme Court
  • U.S.: Justices who graduated from Yale Law School hold court
    Washington Post: "It wasn't the first time that Justice Clarence Thomas, the wayward son of Yale Law School, returned to his alma mater. But this time, with two of his colleagues on the Supreme Court sitting beside him Saturday afternoon, he offered a message of reconciliation and humility very different from the bitter reminiscences of law school he has provided in past speeches and in his autobiography."
    U.S.: Court battle continues over Marvel superheroes
    Associated Press: "Spider-Man, X-Men and The Hulk loomed large in a federal appeals court Tuesday as a Colorado company fought its latest battle with Disney for the rights to Marvel's iconic comic book characters. A panel of the 10th U.S. Circuit Court of Appeals heard arguments in the case involving Colorado-based Stan Lee Media and The Walt Disney Co."
    U.S.: Can authorities cut off utilities and pose as repairmen to search a home?
    MPR News: "Some legal cases do more than raise eyebrows - they push the legal envelope to change the law. Such is a federal case in Las Vegas now working its way through the courts. The question is whether federal agents can disrupt service to a house and then, masquerading as helpful technicians, gain entry to covertly search the premises in hopes of finding evidence that might later justify a search warrant."
  • ABC Fox Montana News: FBI impersonated geek squad in ruse

  • Minnesota
    Minn.: Pine River dairy farmers awarded $6.3 million in lawsuit against power cooperative
    Park Rapids Enterprise: "Crow Wing Power of Brainerd was negligent in its response to a rural Pine River farm family's concerns about stray voltage on their property, a Cass County jury ruled Friday. The jury awarded Randy and Peggy Norman $4.8 million in economic loss damages and $1.5 million in nuisance damages for a total of $6.3 million, the largest amount ever awarded in a stray voltage case in state history."
    Minn.: In Lily Lake swimmer's death, Stillwater loses appeal
    Minnesota Great Seal St. Paul Pioneer Press: "Saying that the father of Jack Ariola Erenberg has sufficiently pleaded a 'concealed danger case,' the Minnesota Court of Appeals on Monday reversed a district court's dismissal of his wrongful death case against the city of Stillwater. The boy was 9 when he died of a rare brain infection two years ago after swimming in Lily Lake."
  • Opinion Text: Ariola v. City of Stillwater
  • Minn.: Appeals court affirms sexual assault conviction
    West Central Tribune: "The Minnesota State Court of Appeals on Monday affirmed the conviction of third-degree criminal sexual conduct against a 38-year-old Willmar man for the sexual assault of a woman in October 2011. Juan Jasso Jr. was convicted by a jury in January 2013 in Kandiyohi County District Court and sentenced to almost 11 years in prison."
  • Opinion Text: State v. Jasso

  • South Dakota
    South Dakota crippled by surge of mentally ill inmates
    Rapid City Journal: "Across South Dakota, county jails are no longer lock-ups for the community's worst offenders or people awaiting court action; over the past few years, they have morphed into asylums for the mentally ill. A three-month investigation by the Journal has found that South Dakota's correctional system is being slowly overwhelmed by these individuals."
    Jackley: Around 2 dozen have petitioned SD sex offender registry
    KDLT News: "South Dakota was one of the first states in the nation to develop a sex offender registry. After undergoing a major change in 2010, it has become a model for other states to follow. South Dakota Attorney General Marty Jackley said, 'We work very hard to protect our children and to protect our communities.'"

    MT Supreme Court overturns portion of ruling in knife attack on Missoula woman
    Montana State Seal KPAX News: "The Montana Supreme Court says a Missoula man is liable to pay restitution for attacking his wife with a kitchen knife, but shouldn't have to pay for her 'future' medical expenses. Emmett Hogsten Jr. was accused of stabbing his wife with a serrated kitchen knife in November 2012."
  • Opinion Text: State v. Hogsten
  • Court upholds Montana campaign finance laws
    Bozeman Daily Chronicle: "Montana's chief federal judge has rejected a sweeping request from a conservative group to suspend Montana's campaign laws less than two weeks before the 2014 election. Montanans for Community Development, a Helena-based organization, filed the request last month."

    Other States and Jurisdictions
    Wyo.: UW Law School to host trial based on Johnson County War
    Prof. Steve Easton Laramie Boomerang: "Following the end of the Johnson County War in 1892, then-Gov. Amos W. Barber was never tried for any crimes, despite his knowledge of the invasion of Johnson County by the state's cattle baron-supporting raiders. History changes this evening at the University of Wyoming College of Law."
    Court tells UK man: Nudity is not a human right
    Associated Press: "A British man who spurns clothes has lost a legal bid to have public nudity declared a human right. The European Court of Human Rights ruled Tuesday that Stephen Gough's rights were not violated by repeated arrests and convictions for being naked in public."
  • Opinion Text: Gough v. United Kingdom

  • 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 two Term Law Clerks with the U.S. District Court in Fargo 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 a Judicial Referee with the District Court in Grand Forks has been posted.
    Job Announcement
    A job announcement for a Deputy Clerk of District Court I in Rolla has been posted.
    Job Announcement
    A job announcement for a Clerk of District Court I in Rolla has been posted.

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