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Wednesday, August 20, 2014

Top News
UND scholars team up to co-author second edition of Indian gaming book
Kathryn Rand UND News Release: "University of North Dakota's own Kathryn Rand and Steven Light recently completed an update to their book on Indian gaming law and policy. Rand, dean and professor at the UND School of Law; and Light, UND associate vice president for academic affairs and a professor in the College of Business and Public Administration; are both co-directors of the UND Institute for the Study of Tribal Gaming Law and Policy."
Nation's drug czar says updates to northern border plan include focus on Bakken oil patch
Minneapolis Star Tribune/AP: "The nation's acting drug czar promised more coordination with Canada on drug trafficking issues Tuesday and highlighted his northern border strategy by touring an area in North Dakota where authorities say heroin and other drugs are being pushed by motorcycle gangs and Mexican cartels."
Victims advocate renews push for DNA law in Minn.
KARE News: "Jayann Sepich spent part of her day at the Minneapolis Public Library telling the story of daughter Katie, who was a 22-year-old college student in 2003 when she was abducted, raped and murdered. 'It's heart wrenching every time I tell the story, but I know that other mothers won't be burying their daughters if we can get this passed, and that matters to me,' Sepich told KARE."
Mont.: Drunken driver will remain imprisoned
Montana State Seal Valley Journal: "The Montana Supreme Court on Aug. 13 denied the appeal of a habitual drinking and driving offender from Lake County who claimed he was illegally sentenced. Dillard Cody Miller, 68, is currently serving a 10-year sentence in the Crossroads Correctional Center in Shelby for a felony conviction of DUI, fourth or subsequent offense."
  • Order Text: Miller v. 20th Judicial District
  • U.S.: Fingers fly at court-reporting championships
    Wall Street Journal: "The most famous court reporter in the country, Mark Kislingbury, calmly rested his hands on his keyboard. Around him, more than three dozen other stenographers also readied themselves for the 2014 national court-reporting championships, held last month in a hotel conference room here."

    North Dakota
    Jim R. Carrigan 1929-2014
    Judge Jim Carrigan Jim R. Carrigan, 84, the Univ. of North Dakota Law School graduate who became a Justice of the Colorado Supreme Court and a U.S. District Judge, died August 15. The U.N.D. Law School's Carrigan Cup competition is named in his honor. A public memorial service will be held at the Univ. of Colorado Wolf Law Building, Thursday, August 28.
  • Boulder Daily Camera:Boulder's Jim Carrigan, former Colorado Supreme Court justice, dead at 84
  • Jim R. Carrigan lawyer record
  • Obituary
  • Appellate practice tip of the week
    Generally, shortened names are better than acronyms.
  • Other appellate practice tips
  • September Term of Court
    North Dakota Supreme Court
    The September term of court has been posted, including issues and briefs.
    Uniform Acts CLE - Aug. 25
    The uniform acts which will be considered during the 2015 legislative session will be discussed at a free CLE presentation to be held on Monday, August 25, from 1:30 - 3:30 in the Ralph J. Erickstad Courtroom at the State Capitol.
    Proposed changes to Child Support Guidelines
    Child support guidelines logo The N.D. Dept. of Human Services is proposing to amend the Child Support Guidelines, and a hearing is set for Sept. 18 at the State Capitol.
  • Explanation of proposed changes
  • Proposed changes in legislative format
  • Hearing notice
  • New Opinion: Aug. 6
    The Supreme Court posted a new opinion on Aug. 6.
    Court seeks comment on changes to transcript fee policy
    The Supreme Court is seeking comment on proposed amendments to Unified Judicial System Policy 206 on fees and expenses for the preparation of transcripts. Comments are due Sept. 1.
    Court approves amendments to appellate rules
    The North Dakota Supreme Court has approved amendments to the Rules of Appellate Procedure. The amendments integrate electronic filing into the rules and require filing of the notice of appeal with the Clerk of the Supreme Court. The amendments take effect October 1.
    Court approves amendments to rule on standards for bar admission
    The Supreme Court has approved amendments to Admission to Practice Rule 2 on standards for admission. The amendments relate to the SBAND Lawyer Assistance Program and take effect October 1.
    Court approves amendments to rule on cameras in courtroom
    The Supreme Court has approved amendments updating N.D. Sup. Ct. Admin. R. 21 on electronic and photographic media coverage of court proceedings. The amendments take effect Sept. 1.
    Parenting coordinator training set for Sept. 23-24 in Bismarck
    The North Dakota Supreme Court will be hosting parenting coordinator training for anyone interested in becoming a parenting coordinator on Sept. 23-24 in Bismarck. See the linked brochure for more information and a registration form. Registration deadline is Sept. 8.
    N.D. 125: Bismarck gets Capitol, GF gets `thin soup'
    North Dakota 125th Anniversary logo G.F. Herald: "Wth joy, North Dakotans are celebrating 125 years of statehood. It was on Nov. 2, 1889, that North Dakota became the 39th and South Dakota became the 40th state in the union. This summer, there is sense of celebration. But pages of the Herald in August 1889 reflect stress and frustration."
    Work for Griggs County EOC project remains at standstill
    G.F. Herald: "The nearly completed Griggs County Courthouse/Emergency Operations Center remains idle more than 3 months after construction crews walked off the job over payment issues. While the project remains at a standstill, the county is making some progress in obtaining a $1 million federal grant awarded to build the EOC portion of the $3.5 million project."
    Cass County Courthouse glass doors vandalized
    Bismarck Tribune/AP: "Authorities say the Cass County Courthouse in Fargo has been vandalized for the second time in one week. The county's sheriff's office said deputies found the glass doors of the main entrance on the east side broken on Sunday. A passer-by reported the incident around 9 a.m."
    N.D. 125: Pen used to sign Dakotas into statehood in 1889
    North Dakota 125th Anniversary logo Jamestown Sun: "It took a lot of pleading with its keepers to even get it out of South Dakota. It flew with the governor in his plane, in the hands of a historian, and the North Dakota Highway Patrol escorted it from there to the Heritage Center. For the four hours it was in North Dakota, a guard stood with it."

    U.S.: New juror scam seeks personal data
    U.S. Courts: "A new juror scam email, which fraudulently seeks personal information that could aid identity theft, has been reported in at least 14 federal court districts. According to the Administrative Office of the U.S. Courts, citizens received emails claiming they had been selected for jury service and demanding that they return a form with such information as Social Security and driver's license numbers."
    U.S. Supreme Court: Was gay marriage settled in 1972 case?
    United States Supreme Court building Washington Post: "A whole lot of judges who are being asked to decide whether states may ban same-sex couples from marrying think the Supreme Court clearly gave them the answer last year: no. But a few judges think the Supreme Court provided the answer more than 40 years ago: yes."

    MN Court of Appeals re-evaluates case of convicted rapist
    Minnesota Great Seal Minneapolis Star Tribune: "In another significant challenge to the indefinite commitment of sex offenders, Minnesota's Court of Appeals on Monday ordered a fresh evaluation of a convicted 50-year-old rapist and the risk that he will commit new crimes."
  • Opinion Text: Commitment of Spicer
  • Minn.: Appeals court reverses Coon Rapids burglary conviction, remands for new trial
    ABC Newspapers: "A man has had his felony burglary conviction in Anoka County District Court for an incident in Coon Rapids reversed by the Minnesota Court of Appeals and remanded for a new trial. The appeals court decision Aug. 4 in the case of Charles Edward Love, 46, ruled that the district court committed reversible error by improperly instructing the jury."
  • Opinion Text: State v. Love
  • Minn.: 'Buy the Farm' ruling puts utility on hook
    Sacramento Bee/AP: "A small organic dairy in southern Minnesota has prevailed in forcing a buyout by a utility that's building high-voltage power lines along the property. The case involving the Cedar Summit Farm near New Prague was seen as an early test of Minnesota's revised 'Buy the Farm' law."
    Tons of military equipment donated to Minnesota police, sheriffs
    Minneapolis Star Tribune: "The war, at least parts of it, has come home now. Tons of surplus military equipment, some last used in Iraq and Afghanistan, are being given to local cops and sheriffs by the Department of Defense."

    South Dakota
    S.D.: Money seized from Sturgis Rally to help local law enforcement
    KDLT News: "The Sturgis Motorcycle Rally wrapped up earlier this month, but the South Dakota Highway Patrol announced they had more drug arrests this year and also seized more cash -- a full $25,000 during the week-long rally. That money goes into a fund which helps local law enforcement around the state."

    Mont.: Attorney brings theatrical touch to Bar Association
    Daily Inter Lake: "Dressed in historic Western attire that includes a sheriff's badge, Bigfork attorney Randy Snyder gets noticed in a big way as president of the Montana Bar Association. His self-described 'Western shtick' has been on display throughout his presidency."
    Mont.: State high court issues landmark decision based on alleged Missoula stalking case
    Montana State Seal Missoulian: "It's not like Carrie Jamrogowicz wanted to be close to Missoula Police Detective Stacy Lear. It's like she wanted to crawl inside her skin and walk around in it, Lear says. It's been 16 years since the two met on a college campus in North Carolina. Over those years, Lear claims Jamrogowicz became obsessed with her."
  • Opinion Text: Lear v. Jamrogowicz

  • Other States and Jurisdictions
    Calif.: Suspect's silence allowed as evidence at trial, court rules
    S.F. Chronicle: "After Richard Tom's car slammed into another vehicle at a Redwood City intersection in 2007, killing an 8-year-old girl and injuring her sister, he asked police if he could go home, then talked with them in the patrol car. One thing he didn't ask about - as the prosecutor repeatedly told the jury at his manslaughter trial - was the victims' condition."
  • Opinion Text: People v. Toms

  • Job Announcements
    Job Announcement
    A job announcement for assistant state's attorney for Ward County in Minot has been posted.
    Job Announcement
    A job announcement for a part-time State's Attorney for Grant County in Carson has been posted.
    Job Announcement
    A job announcement for a Court Reporter with the District Court in Jamestown has been posted.
    Job Announcement
    A job announcement for an Appellate Contractor with the North Dakota Commission on Legal Counsel for Indigents in Bismarck has been posted.
    Job Announcement
    A job announcement for Chief Judge of the Standing Rock Sioux Tribal Court in Fort Yates has been posted.
    Job Announcement
    A job announcement for a contract attorney with the North Dakota Commission on Legal Counsel for Indigents in Williston has been posted.
    Job Announcement
    The Department of Human Services has posted a job announcement for an Attorney I at the Bismarck Regional Child Support Unit.
    Job Announcement
    A job announcement for a contract attorney with the North Dakota Commission on Legal Counsel for Indigents in Minot has been posted.

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