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North Dakota Supreme Court News
News from the North Dakota Supreme Court

Minn.: Court of appeals affirms a Rochester rape conviction
Tue, 9 Feb 2016 08:33:37 CST
KIMT News: "The Minnesota Court of Appeals says an Olmsted County rape conviction will stand. 47-year-old Reynaldo Morales of St. Cloud was found guilty in September, 2014 of 1st degree criminal sexual conduct. He was sentenced to 20 years in prison, followed by a lifetime of conditional release and ordered to register as a predatory offender."
- Opinion Text: State v. Morales

Montana's longtime U.S. Bankruptcy Court judge is retiring
Tue, 9 Feb 2016 09:47:56 CST
Franklin Daily Journal/AP: "Montana's longtime U.S. Bankruptcy Court Judge Ralph Kirscher is retiring. It was announced this weekend that Kirscher will retire effective Jan. 31, 2017. The 64-year-old Kirscher has been Montana's only full-time bankruptcy judge for the last 16 years."

Burke: Technology advancing in Wyoming's courts, more sought
Tue, 9 Feb 2016 09:51:26 CST
Bristol Herald Courier/AP: "Wyoming Chief Justice James Burke says technological improvements continue in the state's courts but still have a ways to go under budget constraints. Burke gave his annual state of the judiciary address to Wyoming lawmakers on Monday's opening day of the legislative session."

Appellate practice tip of the week
Mon, 8 Feb 2016 10:21:14 CST
Do not ignore correspondence from the Supreme Court Clerk's Office requesting case information or directing specific action.
- Other appellate practice tips

Pattern Jury Instruction Commission Oct. 1-2 minutes
Mon, 8 Feb 2016 10:42:54 CST
The minutes for the Oct. 1-2 meeting of the Pattern Jury Instruction Commission and the commission's October 2015 drafts have been posted.
- Oct. 1-2 Minutes
- October 2015 Drafts

Man camp unit finds new life housing inmates at N.D. transitional facility
Mon, 8 Feb 2016 08:30:20 CST
Bismarck Tribune: "A 185-foot-long housing unit that once provided temporary space for workers in North Dakota's oil patch is getting a fresh start as living quarters for minimum-security inmates at a transitional facility south of Bismarck. Inmates on work release were scheduled to start moving into the modular unit this week at the Missouri River Correctional Center."

Decades of new laws caused Minnesota's prison population spike
Mon, 8 Feb 2016 08:27:00 CST
Minneapolis Star Tribune: "Getting tough on crime at the Legislature has come at great cost to Minnesota's corrections system. Over the past 25 years, the state's incarceration rate has soared by 150 percent, and Minnesota's prisons are bloated beyond capacity and burdened by runaway costs."

S.D.: Aurora Co. not accountable for fatal crash, Supreme Court says
Mon, 8 Feb 2016 08:16:40 CST
Mitchell Daily Republic: "Aurora County was not responsible for repairing a sign that was blamed for a crash leading to a Mount Vernon man's death in 2010, the South Dakota Supreme Court has ruled. On Sept. 30, 2010, Travis Naser, 45, died in a one-vehicle crash at the dead-end intersection of 268th Street in Aurora County and 392nd Avenue in Douglas County."
- Opinion Text: Foster-Naser v. Aurora County

Court system, McKenzie County work together to improve court security
Fri, 5 Feb 2016 13:44:39 CST
Carolyn Probst, the court administrator for Unit 4, along with Northwest Judicial District Judges Robin Schmidt and Daniel El Dweek recently led the newly constituted McKenzie County Security Committee through a discussion and review of the draft Courthouse Security Handbook.

Myers to serve as U.S. attorney in North Dakota
Fri, 5 Feb 2016 08:18:58 CST
G.F. Herald: "Christopher Myers is set to be the U.S. attorney for North Dakota. Myers, whose appointment was approved Saturday by U.S. District Court Chief Judge Ralph Erickson, will serve as U.S. attorney until President Barack Obama nominates a replacement and the U.S. Senate confirms the nominee."
- Christopher Myers Lawyer Record

Minn.: State completes transition to centralized court payment center
Fri, 5 Feb 2016 08:24:20 CST
Brainerd Dispatch: "The Minnesota Judicial Branch has completed a multi-year project to centralize the processing of citations and traffic tickets, from case initiation through case disposition, for all 87 counties in Minnesota."

Minn.: Bad lawyer defense doesn't hold
Fri, 5 Feb 2016 08:27:11 CST
Mankato Free Press: "The assault conviction of a Mankato man who punched a man who asked him to quiet down has been upheld by the Minnesota Court of Appeals. Daniel Luis Ruiz-Oliva argued his attorney in the 2012 case failed to present his self-defense claim, didn't instruct the jury about it and misstated the legal standard for the crime he was charged with."
- Opinion Text: State v. Ruiz-Oliva

S.D.: Supreme Court says blood draw in Fischer case was constitutional
Fri, 5 Feb 2016 08:22:47 CST
Mitchell Daily Republic: "The South Dakota Supreme Court has ruled that a blood draw aiding in the conviction of a man who killed two U.S. Fish and Wildlife workers was constitutional. Ronald Fischer Jr., who was sentenced to 30 years in prison for two counts of vehicular homicide, appealed a circuit court decision."
- Opinion Text: State v. Fischer

Ostby, first female federal judge in Montana, announces resignation
Fri, 5 Feb 2016 08:42:02 CST
KTVQ News: "Carolyn Ostby, the state's first female federal judge and the longest serving magistrate in the state, has announced her resignation. According to a press release issued Tuesday by the United States District Court District of Montana, Ostby informed Chief U.S. District Court Judge Dana Christensen of her resignation by letter on Tuesday."

U.S.: Chief Justice John Roberts seeks to limit role of courts
Thu, 4 Feb 2016 13:11:29 CST
USA Today: "By siding with the Supreme Court's liberal wing on two major cases last week, Chief Justice John Roberts lent credence to conservatives' concerns that they can't count on his vote. But as he moves into his second decade as the nation's 17th chief justice, Roberts is proving to be strikingly consistent in one area that conservatives applaud. He wants to close the courthouse doors to challengers with tenuous legal grounds or claims."


North Dakota News
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"north dakota" court OR lawyer OR judge OR lawsuit -kxnet-com

NBCNews.com

Supreme Court Rejects North Dakota's Bid To Save Strict Abortion Law
NPR
The "fetal heartbeat" law — a North Dakota ban on many abortions that was the toughest in the nation when it was enacted — has been blocked permanently, after the U.S. Supreme Court refused to review a lower court's ruling that overturned the law ...
Supreme Court Rejects North Dakota Appeal on Abortion RestrictionsNBCNews.com
Justices Won't Let North Dakota Enforce Tough Abortion LawABC News
US top court declines to revive North Dakota abortion limitsReuters
OCRegister -Newsmax
all 298 news articles »

WOSU Public Media

US Supreme Court Strikes Down North Dakota's "Fetal Heartbeat" Law
The New American
On Monday, the Supreme Court struck down a controversial North Dakota law that banned abortions after a fetal heartbeat was detected, maintaining the "viability standard" set by the high court, which permits abortions to take place until a fetus is ...
US Supreme Court Ruling On North Dakota Law Could Kill 'Heartbeat Bill'WOSU Public Media
Supreme letdown for North Dakota pro-lifers as Court won't hear state's lawCatholic News Agency
U.S. Supreme Court ignores North Dakota's appeal to restrict killing of unborn childrenChristianToday

all 139 news articles »

WDAY

Rejected University of North Dakota presidential applicant considering lawsuit
WDAY
Cynthia Lindquist, who leads Cankdeska Cikana Community College in Fort Totten, N.D., said “she just doesn't know” if she will sue, but she told the Associated Press Monday she was considering several options, including a lawsuit. Lindquist, a UND ...
UND presidential rejected applicant considering lawsuitWDAZ

all 125 news articles »

AgWeb

HomeNewsSouth Dakota Group: Lawsuit by North Dakota Farmer Frivolous
AgWeb
A South Dakota farm partnership says a lawsuit by a North Dakota farmer over allegations of stolen soybeans is frivolous and the group is still owed money for the crop. A federal complaint by Glenn Herr, of Wishek, accuses Cornhusker Farms of Bath ...

and more »

Bismarck Tribune

Motion to dismiss voter ID lawsuit filed
Bismarck Tribune
In the lawsuit filed Jan. 21 in US. District Court for the State of North Dakota against Secretary of State Al Jaeger, tribal members allege that the state's voter ID laws are unconstitutional as they force a disproportionate burden against Native ...
Secretary of state asks that tribal voting ID lawsuit be dismissedDickinson Press

all 9 news articles »

INFORUM

US Supreme Court ruling sets stage for decision on North Dakota's six-week abortion ban
WDAY
U.S. District Court Judge Daniel Hovland declared the North Dakota law unconstitutional and permanently blocked it in April 2014. The New York-based Center for Reproductive Rights and Bismarck attorney Thomas Dickson had challenged the law on behalf ...
US Supreme Court ruling sets stage for decision on ND's six-week abortion banINFORUM

all 207 news articles »

INFORUM

Obama nominates North Dakota prosecutor for appeals court
Minneapolis Star Tribune
FARGO, N.D. — President Barack Obama has nominated an assistant U.S. Attorney for North Dakota to serve as a federal appellate judge. The president announced Thursday that he has selected Jennifer Puhl to serve on the Eighth U.S. Circuit Court of ...
Puhl nominated to replace Kermit Bye on appeals courtINFORUM

all 46 news articles »

Right Wing Watch

Cruz Endorser Connects East Coast Blizzard With North Dakota Abortion Ruling
Right Wing Watch
Mike Bickle, the far-right pastor whose endorsement was recently embraced by Ted Cruz's presidential campaign, joined a group of anti-abortion activists today in linking a blizzard that hit the East Coast last month to a Supreme Court decision on ...

and more »

$142.5K Settlement Reached in Lawsuit over North Dakota Traffic Stop
Insurance Journal
The North Dakota Insurance Reserve Fund will pay $142,500 to settle a federal civil rights lawsuit against the Richland County Sheriff's Office. The three men who filed the lawsuit alleged they were injured when two deputies, Dan Wise and Steve ...
Lawsuit against deputies ends in $142000 settlement for excessive forceDickinson Press

all 5 news articles »

Huffington Post

North Dakota Landowner Continues Fight Against Big Oil
Huffington Post
Big oil lost a skirmish in late December when North Dakota Grand Forks District Judge Debbie Kleven ordered Canada's Enbridge Energy Partners to pay farmland owner James Botsford $45 thousand of $60 thousand in attorney fees. Judge Kleven also ruled ...

and more »