Appellate practice tip of the week
Mon, 30 Mar 2015 20:21:21 CST
If material considered by the trial court is not in the record, a motion to correct the record should be made to the trial court.
- See N.D.R.App.P. 10(h).
- Other appellate practice tips
U.S. Supreme Court per curiam opinions: March 30
Mon, 30 Mar 2015 09:12:34 CST
The United States Supreme Court has issued per curiam opinions in a search and seizure case involving GPS monitoring of a convicted sex offender and in a habeas corpus case involving "per se" ineffective assistance of counsel.
- Grady v. North Carolina
- Woods v. Donald
U.S. Supreme Court March 31 arguments
Mon, 30 Mar 2015 08:17:35 CST
Tuesday, the United States Supreme Court will hear arguments in two patent cases, one on whether royalty payments from a patent licensing contract extend beyond the life of the patent and another addressing whether a reasonable, good-faith belief that a patent is invalid is a viable defense to patent infringement.
- Kimble v. Marvel Enterprises
- Commil USA, LLC v. Cisco Systems, Inc.
U.S. Supreme Court April 1 arguments
Mon, 30 Mar 2015 08:22:21 CST
Wednesday, the United States Supreme Court will hear arguments in two bankruptcy cases, one on whether the denial of a proposed reorganization plan entitles the debtor to an immediate appeal and another addressing whether a debtor may recover wages held in trust when converting from a Chapter 13 to Chapter 7 bankruptcy.
- Bullard v. Blue Hills Bank
- Harris v. Viegelahn
U.S.: Steep costs of inmate phone calls are under scrutiny
Mon, 30 Mar 2015 09:35:12 CST
New York Times: "Since the Pennsylvania police arrested Anthony Kofalt last March for walking out of a Walmart with 21 boxes of Crest White Strips he had not paid for, his wife, Heather, has spent $3,000 -- about $60 a week -- on phone calls to the prisons and jails where he has been held."
S.D.: Acting U.S. attorney has Mobridge, Herreid ties
Mon, 30 Mar 2015 08:40:22 CST
Aberdeen American News: "South Dakota's acting U.S. attorney is hoping to be considered for the job on a full-time basis. Randy Seiler, who originally hails from Mobridge, became acting U.S. attorney earlier this month following the retirement announcement of Brendan Johnson."
S.D.: The future of juvenile justice
Mon, 30 Mar 2015 09:08:45 CST
KELO News: "The most recent national figures show South Dakota holds the second highest juvenile incarceration rate in the nation. Yet the state has some of the lowest number of non-violent offenders staying behind bars. Governor Dennis Daugaard vowed this year to put in a program to change that."
The Third Branch: This Week on the Hill
Fri, 27 Mar 2015 09:33:16 CST
For March 30-April 3, the weekly listing of legislative committee hearings which may be of interest to judges and lawyers has been posted.
- 64th Legislative Assembly
U.S. Supreme Court March 30 arguments
Fri, 27 Mar 2015 08:14:58 CST
Monday, the United States Supreme Court will hear arguments in a case on whether indigent prisoners are entitled to government funds to present new claims of mental incompetency in post-conviction proceedings in state court
- Brumfield v. Cain
Is it legal for US military to scan the public's computers for kid porn?
Fri, 27 Mar 2015 09:09:50 CST
Ars Tecnica: "A federal appeals court is having second thoughts about its decision frowning on the US Navy for scanning every computer in the state of Washington accessing Gnutella, a large peer-to-peer network. The September decision thwarted a child pornography prosecution that began when a Naval Criminal Investigative Service agent in Georgia discovered the illicit images on a civilian's computer in Washington state."
Minnesota judges, jurors may see significant compensation boost
Fri, 27 Mar 2015 08:57:57 CST
Minneapolis Star Tribune: "In Hennepin and Ramsey counties, jury duty often comes at a price. For nearly a decade, jurors have received $10 a day for parking, bus fare or lunch in exchange for spending long hours in a courtroom."
S.D.: In symbolic case, Native American man beats fishing-without-license charge
Fri, 27 Mar 2015 08:47:29 CST
Rapid City Journal: "A Native American man scored a legal and symbolic court victory on Thursday in Rapid City with his acquittal on a charge of fishing without a license. James Swan, 53, an enrolled member of the Cheyenne River Sioux Tribe and a Rapid City resident, represented himself in 7th Circuit Magistrate Court at the Pennington County Courthouse."
Mont.: Supreme Court upholds $150K restitution in securities fraud
Fri, 27 Mar 2015 10:21:25 CST
NBC Montana News/AP: "The Montana Supreme Court has upheld a $150,000 restitution award in a securities fraud case against a Hamilton pastor, but reversed his conviction for fraudulent practices and sent the case back to District Court for a new trial."
- Opinion Text: State v. Himes
Veterans Court now available for veterans charged with federal crimes in Montana
Fri, 27 Mar 2015 10:22:58 CST
KXLH News: "Chief U.S. District Court Judge Dana Christensen, Chief Montana District Court Judge Gregory Pinski of Great Falls, and Montana's U.S. Attorney Mike Cotter announced on Thursday that qualifying veterans charged with federal crimes are now eligible to participate in Veterans Court, an alternative to prison."
Calif.: 'Obsessively frugal' lawyer leaves $3.3M to Skid Row charities
Fri, 27 Mar 2015 08:11:46 CST
ABA Journal: "A former lawyer for the Veterans Administration who invested in stocks and lived a frugal lifestyle has left $3.3 million to Skid Row charities in his will. Delmer Clarence Kallberg was 98 when he died about a year and a half ago, the Los Angeles Times reports."
"north dakota" court OR lawyer OR judge OR lawsuit -kxnet-com
District judge allows cellphone evidence in North Dakota distracted driving case
But last week, District Judge Frank Racek denied the motion, saying the troopers were in the right in searching Sletten's vehicle and seizing her phone, according to a 10-page order filed with the court. Racek wrote that under case law, a person has ...
North Dakota judge allows cell phone evidence in distracted driving case
Grand Forks Herald
A North Dakota district judge denied a motion to throw out evidence found on the defendant's cell phone in a distracted driving case. Advertisement. Get the full story. Subscribe or Log In. Are you a newspaper subscriber but you don't have a Digital ...
Judge allows cellphone evidence in Hillsboro case
North Dakota man pleads guilty in illegal immigration case
FARGO (AP) - One of two people accused of recruiting workers living in the country illegally to help at a vegetable processing plant in North Dakota has pleaded guilty in federal court. Prosecutors say 57-year-old Richard Shearer was employed as a ...
North Dakota Supreme Court rejects appeal of man convicted in Fargo murder ...
Greenfield Daily Reporter
East Central District Judge Steven Marquart told lawyers Friday that he denied Kirkpatrick's appeal after prosecutors testified that his trial lawyer, Mack Martin, is an accomplished lawyer with 35 years of experience as a criminal prosecutor ...
N.D. Supreme Court denies appeal for man convicted of killing Fargo dentist
Supreme Court rejects appeal in Fargo murder-for-hire scheme
Supreme Court Rejects OK Man's Appeal In Fargo Murder-For-Hire Scheme
Morgan Chase files court appeal in building western North Dakota crew camp
FRYBURG, N.D. -- After spending more than $500,000 trying to turn the Fryburg school in far western North Dakota into a lodging facility for oil field workers and being rejected by residents and Billings County leaders , Morgan Chase Management is ...
Man faces charges in 6 robberies on North Dakota oil patch
MINOT, N.D. (AP) — A man accused in several robberies on the North Dakota oil patch has been charged in federal court. Brian Lindsey is charged with six counts of interference of commerce by robbery. He is also facing federal robbery charges in Idaho ...
North Dakota man to face murder charge in Minnesota
Twenty-five-year-old Ray Littlewolf Jr. told a judge last week that he wanted to meet with a lawyer before agreeing to waive extradition. KZZY radio reports that Littlewolf didn't fill out paperwork for a public defender, and he appeared in court in ...
Court records: North Dakota man starts car fire in parking garage when burning ...
Greenfield Daily Reporter
FARGO, North Dakota — A fire that destroyed a car in a parking garage in North Dakota was started by a man burning his divorce papers. Court records show that Charles Aldrich is facing a felony charge of endangering by fire or explosion. Records show ...
Judge sentences North Dakota man to 4 years in prison on methamphetamine ...
Greenfield Daily Reporter
BISMARCK, North Dakota — A North Dakota man has been sentenced to four years in prison on a drug conspiracy charge. Jason Schiebe, of Bismarck, pleaded guilty in November to conspiracy to possess with intent to distribute a controlled substance.
Indian Country Today Media Network
Jury Rules Against Vern Traversie; 'A Victory In Itself' He Says
Indian Country Today Media Network
In the lawsuit, Traversie asked for punitive and compensatory damages. And in a September 2014 ruling, U.S. District Court Chief Judge Jeffrey L. Viken cleared the way for the Cheyenne River Lakota elder's case to go to trial. That trial started Monday ...