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News from the North Dakota Supreme Court

N.D. Attorney General opinion: April 24
Thu, 24 Apr 2014 15:33:34 CDT
North Dakota Attorney General Wayne Stenehjem has issued an opinion that the Dickinson State University Foundation is subject to the state's open records law because it performs fundraising and other governmental functions on behalf of DSU.

Minnesota: Courthouse renamed: Most fitting tribute to Devitt conducted Tuesday in Fergus
Thu, 24 Apr 2014 10:55:38 CDT
Fergus Falls Journal: "Senior Judge Myron H. Bright, a friend and colleague of the late Judge Edward J. Devitt, remembers getting calls from Judge Devitt, saying he was coming to Fergus Falls to preside over cases at the United States Courthouse '"Let's get up to that Detroit Lakes Country Club and play a little golf,"' Judge Bright said, recalling Judge Devitt's part of the conversation. 'And that we did. He loved coming to Fergus Falls.'"

U.S.: Arcane arguments, big stakes as Supreme Court hears N.C. cleanup case
Thu, 24 Apr 2014 07:51:15 CDT
Greenwire: "The Supreme Court grappled with abstruse legal terminology [April 23] at the heart of an electronics manufacturer's bid to torpedo a case brought by two dozen North Carolina landowners accusing the company of contaminating their groundwater with industrial solvents."

Minn. Supreme Court ruling adds pressure to fix sexual offender system
Thu, 24 Apr 2014 07:55:50 CDT
Minnesota Public Radio: "The Minnesota Supreme Court [April 23] warned district court judges to be more wary when statistics are used to civilly commit people who have served their sentences for sexual crimes."
- Opinion Text: Matter of Ince
- Minneapolis Star Tribune: Minnesota Supreme Court reverses rapists commitment

February 2014 N.D. bar examination results
Wed, 23 Apr 2014 14:20:19 CDT
Of the 42 applicants who sat for the North Dakota bar examination in February, 26 passed, for a 62 percent overall pass rate. For those taking the North Dakota examination for the first time, 68 percent passed. University of North Dakota School of Law graduates who sat for the first time in North Dakota had a 55 percent pass rate. A May 12 admission ceremony is planned.

U.S.: Thousands more inmates eligible for clemency under Justice Dept. plan
Wed, 23 Apr 2014 09:28:21 CDT
New York Times: "The Justice Department is significantly expanding the pool of people eligible to apply for early release from prison, a move that would further chip away at strict sentencing laws involving drug crimes."

U.S. Supreme Court opinions: April 23
Wed, 23 Apr 2014 13:06:45 CDT
The United States Supreme Court has issued opinions in a case on standards for setting restitution amounts for victims of child pornography and in a death penalty case involving a defendant's decision not to testify during the sentencing phase of the trial.
- Paroline v. United States
- White v. Woodall

U.S.: Courthouse violence unpredictable despite security
Wed, 23 Apr 2014 08:17:57 CDT
Associated Press: "When Utah's new federal courthouse opened last week, it came with security improvements that are becoming standard around the country: separate entrances and elevators for judges, defendants and the public; bullet-resistant glass and paneling; and vehicle barricades to keep car bombs at bay."

U.S.: Supreme Court upholds search of California driver based on anonymous tip
Wed, 23 Apr 2014 09:15:48 CDT
McClatchy Newspapers: "A closely divided Supreme Court on Tuesday upheld the search of a California man's drug-laden car following an anonymous tip. In a case that atypically split justices, the courts 5-4 majority concluded the Constitution permitted the August 2008 search."

Minnesota pot arrests have racial disparity, report says
Wed, 23 Apr 2014 08:20:11 CDT
St. Paul Pioneer Press: "If you're black in Minnesota, you're six times more likely to be arrested for marijuana possession than your white counterparts, even though drug use rates are similar, according to a report released Monday."

Plans, cost of new jail announced
Tue, 22 Apr 2014 13:05:31 CDT
Bismarck Tribune: "A rollout for a combined Burleigh/Morton County jail design showed it will cost nearly $70 million for a 476-bed facility, said a consultant team on Monday. Venture Architects and Ubl Design presented design plans to commissioners from Burleigh County, Morton County, Bismarck and Mandan."

U.S. Supreme Court opinions: April 22
Tue, 22 Apr 2014 09:30:58 CDT
The United States Supreme Court has issued opinions in a search and seizure case involving an investigative stop of a vehicle that resulted in a drug arrest and in a case on the validity of a Michigan constitutional provision that bars race-based preferences in college admission.
- Prado Navarette v. California
- Schuette v. BAMN

U.S.: High court upholds Mich. affirmative action ban
Tue, 22 Apr 2014 09:33:11 CDT
Associated Press: "The Supreme Court has upheld Michigan's ban on using race as a factor in college admissions. The justices said in a 6-2 ruling Tuesday that Michigan voters had the right to change their state constitution to prohibit public colleges and universities from taking account of race in admissions decisions."

U.S.: Supreme Court seems inclined to bolster truth-in-labeling laws
Tue, 22 Apr 2014 09:05:22 CDT
L.A. Times: "In a case that could strengthen truth-in-labeling laws, Supreme Court justices on Monday voiced deep skepticism about Coca-Cola's Pomegranate Blueberry juice that is 99.4 percent apple and grape juice, saying the name would probably fool most consumers, including themselves."

U.S.: Justices shed few tears for Argentina in debt case
Tue, 22 Apr 2014 09:07:00 CDT
USA Today: "Creditors left holding the bag for part of Argentina's $82 billion default in 2001 won support Monday from a majority of Supreme Court justices in their worldwide quest to find the country's hidden assets. But several justices cautioned that the 'discovery' process should not be unlimited, potentially exposing Argentina's military and national security assets to public scrutiny."


North Dakota News
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Murder conspiracy charge against North Dakota lawyer amended
Bismarck Tribune
GRAFTON, N.D. — A state's attorney in North Dakota has changed the charges against a Grand Forks lawyer accused of conspiring with two other men to kill a confidential informant. Walsh County prosecutor Barbara Whelan has amended the murder ...
Murder conspiracy charges against Grand Forks lawyer are droppedIn-Forum

all 13 news articles »

Judge overturns North Dakota law banning most abortions
CNN
"A woman's constitutional right to terminate a pregnancy before viability has been recognized by the United States Supreme Court for more than 40 years. The United States Supreme Court has clearly determined the dispositive issue presented in this lawsuit.
Judge Overturns North Dakota's Strict Abortion LawNPR (blog)
North Dakota abortion ban ruled unconstitutionalMSNBC
Federal judge rules North Dakota abortion law unconstitutionalFox News
TIME -Yahoo News
all 149 news articles »

Minnesota renewable energy law overturned by North Dakota coal company ...
World Socialist Web Site
On Friday, a federal judge struck down the essential parts of Minnesota's 2007 coal law, which effectively barred Minnesota from building new coal plants and importing new sources of coal-based electricity. The lawsuit, brought by a variety of powerful ...
Letter: Court's decision is a victory for supporters of clean coalIn-Forum

all 4 news articles »

Minnesota law unfairly blocks North Dakota energy, judge rules
Pioneer Press
In a 48-page opinion, U.S. District Judge Susan Richard Nelson said Friday that the Next Generation Energy Act passed in 2007 effectively blocks North Dakota utilities from exporting electricity into the state. And she says it improperly requires them ...


Minneapolis Star Tribune

Judge strikes down Minnesota's anti-coal energy law
Minneapolis Star Tribune
U.S. District Judge Susan Richard Nelson enjoined the state from enforcing key sections of the law, which North Dakota coal and utility interests said hampered their ability to find buyers for power from existing coal-fired generating plants or to plan ...
Federal Judge Scraps North Dakota's Unconstitutional Anti-Abortion LawPoliticusUSA
US judge overturns North Dakota's 6-week abortion banModernHealthcare.com
Judge sides with North Dakota in Minnesota coal disputeMidwest Energy News
JURIST -In-Forum
all 61 news articles »

Judge grants new lawyer to North Dakota man questioned in suspected murder ...
The Republic
FARGO, North Dakota — A judge has granted a new lawyer for a North Dakota man who has been questioned by police investigating a suspected murder-for-hire scheme in Washington state. James Henrikson, of Watford City, says his court-appointed ...
Judge grants new lawyer to man questioned in deathBismarck Tribune

all 14 news articles »

DECLARED INVALID: North Dakota abortion ban overturned by federal judge
Catholic Online
A North Dakota law banning abortions when a fetal heartbeat can be detected, as early as six weeks into pregnancy and before many women know they're pregnant, has been overturned by a federal judge. The law is "invalid ... Supporters of the measure ...


Judge sides with North Dakota, finds part of Minnesota renewable energy law ...
Minneapolis Star Tribune
In a 48-page opinion, U.S. District Judge Susan Richard Nelson said Friday that part of the Next Generation Energy Act improperly requires North Dakota utilities to seek approval from Minnesota in order to do business. Minnesota Gov. Mark Dayton says ...


Salon

North Dakota coal officials hail ruling that strikes down Minnesota energy law
Platts
The Next Generation Energy Act passed by the Minnesota Legislature in 2007 is unconstitutional because it violates the Commerce Clause of the US Constitution, Judge Susan Richard Nelson of the US District Court for the District of Minnesota said in a ...
District 13 Report: Court favors ND in energy squabbleWest Fargo Pioneer
Minnesota's power grab rejectedBismarck Tribune
Judge strikes down part of Minnesota energy lawCrookston Daily Times
Grist -WDAZ -The Hill (blog)
all 13 news articles »

Judge Declares North Dakota's Ban on Abortion When Heartbeat Detected ...
Christian News Network
BISMARCK, N.D. – A federal judge nominated by George W. Bush has overturned a North Dakota law that banned abortions when a heartbeat is detected, declaring the restriction 'unconstitutional.' As previously reported, lawmakers in the state passed HB ...