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News from the North Dakota Supreme Court

New Opinions: May 31
Tue, 31 May 2016 15:54:34 CDT
The Supreme Court posted two new opinions on May 31.

Vernon Wagner 1926-2016
Tue, 31 May 2016 15:48:52 CDT
Longtime legislator and former Speaker of the House Vernon E. Wagner, 89, died May 31 at a Bismarck nursing home. Funeral services are set for Friday at 10:30 a.m. at Zion Lutheran Church, Bismarck.
- Funeral home

U.S. top court rules for North Dakota property owner in wetland permit case
Tue, 31 May 2016 13:04:09 CDT
Dickinson Press/Reuters: "A unanimous U.S. Supreme Court on Tuesday ruled that property owners can challenge the federal government in court over the need for costly permits under a water protection law in a case involving a company's plans for a Minnesota peat mine."

U.S. Supreme Court opinions: May 31
Tue, 31 May 2016 13:06:55 CDT
The United States Supreme Court has released opinions in a Clean Water Act case involving a North Dakota company, a case on the sentencing of a capital defendant, and a case on bars to habeas corpus review."
- Army Corps of Engineers v. Hawkes Co.
- Lynch v. Arizona
- Johnson v. Lee

Mont.: Court denies killer's appeal
Tue, 31 May 2016 07:44:19 CDT
Daily Inter Lake: "The Montana Supreme Court has denied the appeal of a Ronan murderer who had asked that he be released from prison and all charges against him dropped. James Arthur Couture, 56, wrote in a May 10 appeal that his counsel was ineffective in a trial where he was found guilty of murdering 19-year-old Daniel McLeod in May 2004 and dumping his body in the Flathead River."
- Order Text: Couture v. Fender

New Minnesota law targets what critics call 'excessive' ADA lawsuits
Tue, 31 May 2016 07:42:53 CDT
Duluth News Tribune: "When Shelly Bartlett opened her Mankato salon, organic market and deli, she didn't limit her customer base, she said. She made sure INdiGO Organic's seating was mobile, ordered specialty massage tables and personally measured signs and hand rails so people will disabilities could comfortably visit her business."

How South Dakota is luring attorneys to remote areas
Tue, 31 May 2016 07:55:57 CDT
PBS Newshour: "When married couple Brittany Kjerstad and Ryan McKnight moved to rural Philip, South Dakota in the fall of last year, they became the newest and only practicing attorneys in the town of almost 800 people. For a community so small, they quickly became busy."

Iowa Supreme Court bans life without parole for teen killers
Tue, 31 May 2016 08:37:56 CDT
Associated Press: "Juveniles who commit even the most heinous murders must someday have the chance to earn their release from prison, a divided Iowa Supreme Court ruled Friday. The court banned judges from imposing sentences of life-without-parole on offenders who are under 18 when they commit murders."
- Opinion Text: State v. Sweet

Appellate practice tip of the week
Mon, 30 May 2016 10:34:16 CDT
If you don't know the answer to a question, say so.
- Other appellate practice tips

U.S.: In the final stretch, how will a divided Supreme Court rule on these big cases?
Fri, 27 May 2016 08:04:35 CDT
L.A. Times: "The Supreme Court is heading into the final month of its annual term amid lingering questions over whether the eight ideologically divided justices will be able to decide politically charged cases, including ones on abortion and immigration."

Minn.: Court ruling leads to new DWI policies in Clay County
Fri, 27 May 2016 08:15:03 CDT
KFGO News: "A Minnesota Court of Appeals ruling that regulates the collection of blood and urine samples has led to a policy change in Clay County. The appellate court ruled that a search warrant is required to obtain blood and urine samples from people arrested for DWI."
- Opinion Text: State v. Trahan

Minnesota Irish Festival speech suit revived
Fri, 27 May 2016 09:17:22 CDT
Courthouse News Service: "A police patrol commander must face claims that he blocked a Christian from expressing religious views at an Irish Festival, the Eighth Circuit ruled. David Miller, an Evangelical Christian, filed a federal complaint against the city of St. Paul, Minn., Police Chief Thomas Smith and Patrol Commander Patricia Englund in Minneapolis."
- Opinion Text: Miller v. City of St. Paul

Juvenile jailings remain high in South Dakota
Fri, 27 May 2016 08:16:37 CDT
Rapid City Journal: "South Dakota is incarcerating fewer juveniles, but jails double the national average, according to a state study. The state Council on Juvenile Services executive committee on Wednesday approved sending the 75-page report to the federal Office of Juvenile Justice and Delinquency Prevention."

New Opinions: May 26
Thu, 26 May 2016 12:00:00 CDT
The Supreme Court posted 18 new opinions on May 26.

Court adopts amendments to professional conduct rules
Thu, 26 May 2016 12:59:45 CDT
The Supreme Court has adopted amendments to N.D.R. Prof. Conduct 1.7, 1.15 and 1.18. The amendments relate to replacing the term "potential client" with "prospective client" in these rules. The amendments take effect July 1.


North Dakota News
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Wall Street Journal

US top court rules for North Dakota property owner in wetland permit case
WDAY6
WASHINGTON -- A unanimous U.S. Supreme Court on Tuesday ruled that property owners can challenge the federal government in court over the need for costly permits under a water protection law in a case involving a company's plans for a Minnesota peat ...
Supreme Court Allows Challenges to Clean Water Act RestrictionsWall Street Journal
Supreme Court rules for landowners fighting the government over wetlandsDuluth News Tribune
Supreme Court Delivers Huge Blow To EPA's Ability To Control Private PropertyDaily Caller

all 47 news articles »

Plaintiffs in hepatitis lawsuit seek judge-ordered testing
Bismarck Tribune
Plaintiff's attorneys have asked state District Judge Todd Cresap to order Minot's Trinity Hospital to expand testing to all current and former employees and contractors who might have had access to injectable narcotics since 2010, and to all current ...

and more »

Grand Forks Herald

North Dakota Native Americans move to frontlines in battle over voting rights
Grand Forks Herald
BELCOURT, North Dakota - Elvis Norquay, a member of the Chippewa Indian tribe, has lived most of his 58 years on North Dakota's remote Turtle Mountain reservation and says he's never had a problem voting. .... The Native American Rights Fund, a non ...

and more »

WDAY

North Dakota attorney general to file lawsuit on transgender student bathroom guidance
WDAY
Stenehjem said he is working to bring together a "coalition" of attorneys general to file a lawsuit next week in the Eighth Circuit of the U.S. Court of Appeals, which includes North Dakota, South Dakota, Minnesota, Nebraska, Iowa, Missouri and Arkansas.

and more »

Grand Forks Herald

UPDATE: Stenehjem mulls North Dakota joining transgender bathroom lawsuit, Burgum critical of inaction
Grand Forks Herald
Fargo businessman Doug Burgum, Stenehjem's opponent in the June 14 primary election for North Dakota governor, said in a statement Thursday it was “disappointing” that the attorney general “did not take the time to join his Republican colleagues in ...

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Grand Forks Herald

Lawyer disciplinary process to be reviewed by North Dakota Supreme Court
Grand Forks Herald
The lawyer discipline system is the way by which attorneys in the state are held responsible for professional misconduct. Anyone can file a complaint against a lawyer. Complaints are reviewed by a regional inquiry committee comprised of lawyers and lay ...
Lawyer discipline to be reviewed by high courtThe Dickinson Press

all 1 news articles »

Grand Forks Herald

Child abuse, neglect cases continue to rise in North Dakota, annual court report says
Grand Forks Herald
The juvenile court system is just one of the parts of the state system highlighted in the report, ranging from the North Dakota Supreme Court to municipal courts. In 2015, the state Supreme Court saw a decrease in case filings. "Following a record ...


Federal judge rejects Wyoming air ambulance regulation
Bismarck Tribune
In their lawsuit, the companies noted that Wyoming had capped what it would pay for air ambulance services for injured workers at just over $3,900 per flight. The companies said the state had denied their claims for higher payment, sometimes exceeding ...

and more »

Grand Forks Herald

North Dakota high court to review how lawyers are investigated, disciplined
Grand Forks Herald
BISMARCK -- The North Dakota Supreme Court will review changes intended to make the process by which lawyers are investigated and disciplined for professional misconduct more efficient, transparent and just. The lawyer discipline system is the way by ...

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Grand Forks Herald

Man faces federal charges in North Dakota, Minnesota for allegedly sending sexual photos to minors
Grand Forks Herald
Judge Senechal decided Teigen has to remain in Grand Forks County Correctional Center, where he was booked Tuesday morning, until the court can determine if he can be released to live with his parents in rural Oslo, Minn. Teigen is accused of sending ...

and more »