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Wednesday, April 16, 2014
Today at the Court
10:30am Francis v. Francis
Waived State v. Simmons

Juvenile Court Bi-Annual Conference - Bismarck

Top News
New Opinion: April 16
The Supreme Court posted one new opinion on April 16.
3 apply for North Central District Judge
Three lawyers have applied to fill the North Central District Judge vacancy created by the retirement of Judge William McLees. They are: Kelly A. Dillon, Stacy J. Louser, and Robert W. Martin, all of Minot.
The Supreme Court at Trenton Public School -- The April 14, 2014 photos
The Court at Trenton On April 14, the Supreme Court traveled to Trenton Public School in Williams County, near the confluence of the Yellowstone and Missouri Rivers, to meet with students and to hear arguments in a case, State v. Juntunen. Here are the photos.
  • Taking the Court to the Schools
  • Williston Herald: Supreme Court justices visit Trenton
  • Courthouse plans presented
    Beulah Beacon: "Mercer County Commissioners got a firsthand look at new plans for an updated courthouse and jail last week. The plans were brought in by Scott Fettig, of Klein-McCarthy Architects. Fettig presented numerous options for building renovations and additions, including one plan that would add an extra floor to the county courthouse."
  • Bismarck Tribune: Bakken briefly
  • Justice to retire from South Dakota Supreme Court
    Justice John Konenkamp Aberdeen American News: "This year is the 20th, and the last, that Justice John Konenkamp will serve on [the] South Dakota Supreme Court. He notified Gov. Dennis Daugaard in a letter that he intends to retire Dec. 31."
    Phone scam about jury service hits four Minnesota counties
    Minnesota Public Radio: "A phone scam involving jury duty has been reported by residents and prospective jurors in four Minnesota counties. The scam has been reported in Olmsted, Rice, Dakota and Ramsey counties, where residents have reported receiving phone messages about failing to return a jury summons."
  • Minnesota Judicial Branch: Jury phone scam reported
  • Minnesota Supreme Court reinstates no-parole sentence
    St. Paul Pioneer Press/AP: "A man who was 17 when prosecutors say he raped and killed a teenage girl won't be eligible for release from prison. The Minnesota Supreme Court on Wednesday reversed a lower court decision that gave Tony Roman Nose a chance to seek parole."
  • Opinion Text: State v. Roman Nose
  • U.S.: Man who disrupted Supreme Court gets time served
    Associated Press: "A demonstrator who interrupted arguments at the U.S. Supreme Court in February and whose group posted video of the protest online, a first for the court, has been sentenced to time served."
    U.S.: Pentagon plans major review of military justice system
    Stars and Stripes: "The Defense Department, under pressure from Congress to re-examine the way it handles sexual assault cases, announced Tuesday a comprehensive review of the entire military justice system. 'It's been over 30 years since the military code of justice was reviewed. It's simply time,' said Lt. Col. J. Todd Breasseale, a Pentagon spokesman."
    U.S.: Obama grants clemency to correct a sentence extended by a court typo
    McClatchy Newspapers: "President Barack Obama on Tuesday commuted the sentence of a drug convict, correcting a mistake that had extended his prison time by more than three years and could not be fixed by the courts."

    North Dakota
    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
  • New Opinion: April 14
    The Supreme Court posted one new opinion on April 14.
    Olson investiture to be held April 25
    Judge Thomas Olson A formal investiture ceremony for new East Central Judicial District Judge Thomas R. Olson is set for 2 p.m. on Friday, April 25, in Fargo. Olson began his judicial work on March 17.
  • Governor appoints Olson to fill EC vacancy
  • Judgeship retained at Bismarck
    Taking judicial notice of its prior proceeding, the Supreme Court has ordered the judgeship of resigning District Judge Donald Jorgensen retained at its present location and filled as provided by law.
  • Governor intends to appoint new judge for Jorgensen
  • Judge Jorgensen resigns effective July 3
  • Notice 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 position open as a result of the resignation of Judge Donald Jorgensen. The vacancy is in the South Central Judicial District, designated Judgeship No. 8, with chambers in Linton.
    Trying to combat growing drug trade in oil patch
    Bismarck Tribune/AP: "The blood-drenched man had survived a brutal attack: Beaten with brass knuckles, shocked with a stun gun, slashed with a razor blade, then dumped 40 miles away in Montana, he staggered to a farmhouse for help. His path eventually led authorities back to a quiet backyard in this oil boom town."
    N.D. 125: Election Proclamation
    Priairie Public: "On this date in 1889, as stipulated in the Omnibus Bill, Governor A. C Mellette issued a proclamation that an election shall take place on May 14th for the selection of delegates to the Constitutional Convention. The convention was to convene in Bismarck on July 4th."

    Federal
    U.S.: Legal minds eye quality control for convictions
    Associated Press: "Hospitals have staff conferences to examine why patients died. Airline pilots have a system for voluntarily submitting information on safety concerns. Yet the life-and-death world of criminal justice often operates without a similar mechanism for probing its most feared failures: wrongful convictions."
    U.S.: Gun rights may return to Supreme Court's agenda
    United States Supreme Court building USA Today: "The push and pull over the Second Amendment right to bear arms is heating up again, thanks in part to a former Supreme Court justice's new book. Friday, the high court will consider whether to hear a challenge to a New Jersey law restricting the right to carry guns in public."
    U.S. appeals court upholds hazardous air pollution rule
    Reuters: "In a victory for the Obama administration, a U.S. appeals court on Tuesday upheld a regulation that would limit emissions of mercury and other hazardous pollutants mainly from coal-fired power plants, starting next year."
  • Opinion Text: White Stallion Energy Center v. EPA
  • U.S.: Banana Lady's lawsuit slips up in appeals court
    Chicago Tribune: "It's not every day that the sober justices of the 7th Circuit U.S. Court of Appeals include photos in their written opinions--let alone one of a woman in a banana suit. But a decision handed down Monday shows Catherine Conrad in a giant banana costume festooned with a bright blue bow, arms outstretched and smiling."
  • Opinion Text: Conrad v. AM Community Credit Union

  • Minnesota
    Reform on sex offenders stalls in Minnesota Legislature
    Minnesota Great Seal Minneapolis Star Tribune: "The pressure to overhaul a state sex offender treatment program that has been called 'clearly broken' by a federal judge is mounting daily, but the Legislature may not act in time to prevent court intervention. With just weeks to go in the session, Gov. Mark Dayton and legislators are blaming one another for failing to address the problems identified by Judge Donovan Frank."
  • MPR News: Sex offender bill deadlocked despite judge's pressure

  • South Dakota
    S.D.: State embraces new approach to crime, punishment
    Mitchell Daily Republic: "When sweeping reforms to South Dakota's criminal justice system were passed last year, Denny Kaemingk knew the task ahead was a daunting one. Kaemingk, secretary of the state Department of Corrections, has helped oversee the implementation of the vast reforms contained in Senate Bill 70, which became law last year."

    Montana
    Mont.: Justices hear doughnut case
    Montana State Seal Daily Inter Lake: "Montana Supreme Court justices peppered attorneys with questions Friday during a special hearing on the Whitefish 'doughnut' jurisdiction battle as they considered key issues in the long-running conflict. The high court heard oral arguments in a public venue Friday morning on the University of Montana campus."
    Mont.: Court mulls Modesty Creek appeal
    Montana Standard: "The two property owners in the Modesty Creek Road public access case want the controversial road closed while the case is pending trial. And the Montana Supreme Court is taking a look at their request. The court has decided not to dismiss Letica Land Co. LLC and Don McGee's appeal of a district court decision to keep the road open during the trial."
    Mont.: Attorneys weigh in on proposed judge substitution rule change
    Bozeman Daily Chronicle: "A petition filed by an association of state judges is seeking to make it more difficult for parties in criminal and civil cases to ask for a new judge. The Montana Judges Association filed the petition in February with the Montana Supreme Court, suggesting changes to the judge substitution rule that aim to stem what the association sees as abuse."

    Other States and Jurisdictions
    D.C.: Concussion cases inspire new course at George Washington's law school
    New York Times: "The revelations that hits to the head may lead to long-term brain damage have rocked the football world at all levels, alarming coaches, players and their parents and forcing the N.F.L. and the N.C.A.A. to tighten safety standards. Given the consequences of the injuries, lawyers, too, have taken note."

    Jobs
    Job Announcement
    A job announcement for an attorney with the North Dakota Insurance Department in Bismarck has been posted.
    Job Announcement
    A job announcement for a Temporary Administrative Assistant I with the Juvenile Court in Bismarck has been posted.
    Job Announcement
    A job announcement for a Juvenile Drug Court Coordinator with the Juvenile Court in Bismarck has been posted.
    Job Announcement
    A job announcement for a contract attorney with the Stutsman County Board of Commissioners in Jamestown has been posted.
    Job Announcement
    A job announcement for a Contract Attorney with the Commission on Legal Counsel for Indigents in the North Central Judicial District has been posted.
    Job Announcement
    A job announcement for a District Court Law Clerk with the District Court in Grafton has been posted.
    Job Announcement
    A job announcement for a Juvenile Court Officer I with the Juvenile Court in Devils Lake has been posted.
    Job Announcement
    A job announcement for a Contract Attorney with the Commission on Legal Counsel for Indigents in the South Central Judicial District has been posted.
    Job Announcement
    A job announcement for a Legal Secretary with the McKenzie County State's Attorney's office in Watford City has been posted.
    Job Announcement
    A job announcement for five Law Clerks with the North Dakota Supreme Court in Bismarck has been posted.

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