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August 28, 2008
New Opinions: August 28
The Supreme Court posted nine new opinions on August 28.
Juvenile Policy Board seeks comment on proposed rules
The Juvenile Policy Board will review the final draft of a proposed set of Rules of Juvenile Procedure at its November meeting. It is accepting comments on the proposed rules. Comments are due by Nov. 1.
Minn.: Man convicted in 1970 cop killing gets new trial
Minneapolis Star Tribune/AP: "The Minnesota Supreme Court reversed on Thursday the conviction of a man charged in the ambush slaying of a St. Paul police officer in 1970 and ordered a new trial." State v. Clark opinion text
Minn. Judge: Drug court is changing lives
DL-Online: "Ten months ago, in November 2007, the Becker-Clay County Drug Court program began as a pilot project."
Budget cuts may force Vermont courthouses to close half day a week
Minneapolis Star Tribune/AP: "Lawmakers have approved a round of budget cuts designed to respond to sagging state revenues. Among the results: Vermont's courthouses likely will close for a half day each week."
August 27, 2008
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed the revocation of supervised release in a North Dakota criminal case. United States v. Azure opinion text
Judicial Education Commission Aug. 29 agenda
The agenda for the Aug. 29 meeting of the Judicial Education Commission, and the Commission's May 16 minutes, have been posted.
S.D.: Judge not in recess
Aberdeen American News: "U.S. District Judge Charles Kornmann said he will carry a full caseload at least until his replacement is confirmed by the Senate. The judge took on senior status at the end of July, but he said reports that he is working part-time are not true."
Minn.: Justice will keep 'incumbent' label
Minneapolis Star Tribune: "State Supreme Court candidate Jill Clark will still face three opponents in the Sept. 9 primary. A panel of retired justices denied her petition Tuesday to remove Associate Justice Lorie Gildea's name from the ballot."
Wyoming loses gun case in federal court
Billings Gazette/AP: "A federal appeals court in Denver has ruled against Wyoming in a lawsuit over a state law that seeks to allow people convicted of misdemeanor domestic violence to regain their gun rights." Wyoming v. United States opinion text
August 26, 2008
Judge Bright marks 40 years of judicial service
The United States Court of Appeals for the Eighth Circuit honored Senior Judge Myron Bright for 40 years of service at its annual Judicial Conference in Chicago, Ill., on Aug. 13. Judge Myron Bright Profile
S.D.: Thune says it could take a year to seat new judge
Aberdeen American News/AP: "One of three federal judges in South Dakota has formally cut his workload, and Sen. John Thune says it could take a year to fill the spot because of the background check and nomination process."
S.D.: Open for business
Yankton Press & Dakotan: "City and state officials, as well as area residents, got their first close-up look at the new Yankton County Courthouse and Safety Center, which was dedicated Saturday morning."
Court overturns timber theft conviction in northern Wisconsin
St. Paul Pioneer Press/AP: "A law protecting forests doesn't cover every area with trees and bushes. That's according to a Wisconsin appeals court that has overturned a northern Wisconsin man's convictions for timber theft and illegally harvesting trees."
Ga.: Raccoon's courthouse crime spree ends with capture
Associated Press: "The evidence in his office gave the judge pause: a half-eaten apple and some very distinctive footprints. Federal bankruptcy Judge Paul W. Bonapfel reported the break-in last week at the Richard B. Russell Federal Building in downtown Atlanta."
August 25, 2008
Appellate practice tip of the week
When seeking a stay from the Supreme Court, include the application made to the trial court and the trial court's denial of the stay. See N.D.R.App.P. 8(a). Other appellate practice tips
John F. LaQua 1922-2008
John F. LaQua, 85, died Aug. 22. He practiced law for 55 years in Langdon. Funeral services will be held Aug. 26 at 10 a.m. at St. Alphonsus Church in Langdon. John F. LaQua Attorney Record
N.D. Attorney General Opinion: Aug. 25
North Dakota Attorney General Wayne Stenehjem has issued an opinion that when a quorum of the Workforce Safety & Insurance Governance Committee joined other WSI staff and a WSI consultant for dinner and discussion turned to business, the business discussion constituted a meeting for which public notice should have been provided. Bismarck Tribune/AP: N.D. AG says WSI meeting was illegal
8th Circuit decides two N.D. cases
The United States Court of Appeals for the Eighth Circuit has issued opinions in two North Dakota cases: a prisoner civil rights case and a criminal evidence suppression case. Moore v. Schuetzle opinion text United States v. Crissler opinion text
Court Technology Committee Aug. 27 agenda
The agenda for the Aug. 27 meeting of the Court Technology Committee, and the Committee's June 27 minutes have been posted.
Wisc.: Chief justice of Menominee Tribal Court dies
St. Paul Pioneer Press/AP: " The sitting Supreme Court chief justice on the Menominee Tribal Court has died at her home at the age of 87. The family of Rita Ann Keshena says she died Sunday of apparent natural causes."
U.S.: Ever-more-expensive court races heading higher
Law.com/AP: "State courts across the country are caught in a high-stakes, high-priced fight between some groups trying to get a handle on large damage awards and others that are concerned consumers and wronged employees are going to be left in the dust."
August 22, 2008
Celebrating Chief Justice VandeWalle: The Aug. 21 photos
Chief Justice Gerald VandeWalle turned 75 on August, 15, 2008, and on that same day marked 30 years on the North Dakota Supreme Court. A day-long celebration of these events took place August 21. Here are the photos.
S.D.: High court deals blow to Rapid City neurosurgeon
Rapid City Journal/AP: "A Rapid City neurosurgeon who said he had been sued more than 30 times for malpractice lost two appeals Thursday in the South Dakota Supreme Court." Mousseau v. Schwartz opinion text Kostel v. Schwartz opinion text
Mont.: New justice center to be dedicated in park
Billings Gazette/AP: "A new Yellowstone National Park Justice Center at Mammoth Hot Springs will be dedicated Monday by the National Park service and the U.S. Department of Justice."
Mont.: Family took too long to file lawsuit, court says
Billings Gazette/AP: "The Montana Supreme Court says the father of a 16-year-old who died at Benefis hospital in Great Falls waited too long to sue the attending trauma physician." Montana Supreme Court Cases
Mont.: New federal building taking shape
Great Falls Tribune: "Construction is about half completed at the new Great Falls federal courthouse, with steel girders marking its general, skeleton shape. Floors and stairs are in place to carry observers to its upper floors to enjoy views of the nearby Missouri River."
Minnesota Supreme Court affirms convictions of Ely man
Duluth News Tribune: "In a decision released Thursday, the Minnesota Supreme Court affirmed the first-degree murder and kidnapping convictions of an Ely man who killed an Embarrass man in 2004." State v. Miller opinion text
August 21, 2008
Legislators support $67M ND prison remodel
G.F. Herald/AP: "A legislative committee is supporting a $67 million remodeling of North Dakota's state prison in Bismarck.The project includes replacing one of the prison's main cell blocks, construction of a new medical clinic and building a new unit for troublesome prisoners."
Fargo's fines yield lecture, unknown fine
Fargo Forum: "A federal judge who has ruled Fargo's excessive traffic fines unconstitutional is prodding lawyers to resolve issues that ultimately will answer one big question: How much will the city of Fargo have to pay?"
Mont.: First-year UM law students greeted with encouragement
Missoulian: "In two years and nine months, they'll be graduating. In three years, they'll be serving clients. And what they must hold on to above all else is integrity. So the faculty of the University of Montana School of Law told 84 first-year law students at a convocation Wednesday."
Mont.: Wiring, recording without warrant violates privacy rights
Helena Independent Record/AP: "The police practice of 'wiring' informants and recording suspects' conversations in their homes and in vehicles without a warrant is a violation of privacy rights, the Montana Supreme Court has ruled." Montana Supreme Court Cases
Minn.: Chief Justice Magnuson addresses Criminal Justice Institute
Minnesota Judicial Branch: Minnesota Chief Justice Eric Magnuson addressed the Criminal Justice Institute in Bloomington, Minn., on Aug. 18.
Minn.: Courts gear up for extra caseload
St. Paul Pioneer Press: "Ramsey and Hennepin county district courts are planning Labor Day and possibly evening court sessions to process people arrested in connection with the Republican National Convention, officials said Wednesday."
New Disciplinary Order: Aug. 21
The Supreme Court posted a new lawyer disciplinary order on Aug. 21.
August 20, 2008
County commission discusses jail modification problems
Minot Daily News: "Ward County Commissioners opted Tuesday to explore another option before green-lighting a shutdown of the county jail's elevators for a modification."
Auction rate securities settlement announced
News Release: "Karen Tyler, North Dakota Securities Commissioner and President of the North American Securities Administrators Association (NASAA), today announced the details of multi-billion dollar settlements reached with five investment firms and state and federal securities regulators. The agreements with Citigroup, UBS, JP Morgan, Morgan Stanley, and Wachovia will provide liquidity to investors who purchased auction rate securities (ARS), and settle allegations that the firms made misrepresentations in the marketing and sale of ARS to their clients."
Minn.: Appeals court rules in Mayo's favor in Clay case
Fargo Forum: "The Minnesota Court of Appeals has ruled against a former West Fargo woman who sued the Mayo Clinic on an invasion-of-privacy claim after information regarding her medical condition aired on TV." Anderson v. Mayo Clinic opinion text
Minn.: Court sends parental rights case back to judge
St. Cloud Times: "The Minnesota Court of Appeals on Tuesday sent a controversial Stearns County child protection case back to the district court judge who terminated the parental rights of a couple to their second son after their first son died in what authorities say was a homicide." In the Matter of B.T.N. opinion text
Daniel S. Letnes 1911-2008
Longtime Grand Forks lawyer Daniel S. Letnes, 97, died Aug. 18. He retired in 2004 after actively practicing law for 67 years. Services are set for Monday, Aug. 25, at 2 p.m, at Unitied Lutheran Church in Grand Forks. Daniel Letnes lawyer record
Court sets hearing on petition to amend court rules
The North Dakota Supreme Court has set an Oct. 23 hearing on the Joint Procedure Committee's annual petition to amend court rules. Comments on the proposed amendments will be accepted prior to the hearing. Proposed Amendments to North Dakota Court Rules
Federal court plans electronic filing system shutdown
The Electronic Filing System for the United States District Court for the District of North Dakota will be shut down for scheduled maintenance and will not be available to accept filings beginning at 8 a.m. Sept. 1. It is anticipated the system will be available for filing at 8 a.m. Sept. 2.
August 19, 2008
Wyo Supreme Court rejects Eaton appeal
Casper Star Tribune: "The Wyoming Supreme Court on Monday denied the appeal of Dale Wayne Eaton, Wyoming's lone death-row inmate, who was convicted of the 1988 kidnapping, rape and murder of a teenager." Eaton v. State opinion text
Access to Court Records: A General Guide
A guide has been posted to help court system users better understand how to gain access to North Dakota court records.
Minn.: Hennepin County is saving lives via DWI court
Minneapolis Star Tribune: "When Mark Flakne wants his car to start, he breathes on it. If there's no alcohol on his breath, the car starts."
Mont.: Courthouse named after Missouri River
Great Falls Tribune: "The newly selected name for the Great Falls federal courthouse being built across the river from downtown flowed off the tongues of Montana's U.S. judges: the Missouri River Courthouse."
Report questions jailing of Wyoming juveniles
Casper Star Tribune/AP: "Wyoming should re-examine its willingness to jail youths for minor offenses, a new report argues, particularly because jail is the most expensive option for handling juveniles and sometimes introduces young inmates to new ways of getting in trouble."
August 18, 2008
Appellate practice tip of the week
When seeking a stay from the Supreme Court, include the relevant parts of the record. See N.D.R.App.P. 8(a). Other appellate practice tips
VandeWalle receives Inns of Court award: The Photos
Chief Justice Gerald VandeWalle received the American Inns of Court 2008 Professionalism Award for the Eighth Circuit on Aug. 13. Here are the photos.
Grand Forks County kicks off adult drug court
G.F. Herald: "In courtrooms around the country, it's a recurring pattern among offenders: substance abuse that breeds a destructive addiction and leads to trouble with the law."
ND prison inmates to get e-mail access
Fargo Forum/AP: "North Dakota's corrections department is setting up an electronic mail system for inmates this fall, to provide what officials hope will be a cheaper and less troublesome option for keeping in touch."
Williams Co. jail nearing completion
Bismarck Tribune/AP: "The new Williams County Law Enforcement Center is nearing completion, with the exterior of the 79,000-square-foot, 112-bed facility nearly finished and inside work progressing nicely, officials say."
Job Announcement
A job announcement for an Attorney III with the North Dakota Commission on Legal Counsel for Indigents in Fargo has been posted.
Job Announcement
A job announcement for an Assistant States Attorney in Williams County has been posted.
Job Announcement
A job announcement for a Deputy Clerk of District Court I in Bismarck has been posted.
Mont.: Jury Girls guilty of 20-year friendship
Great Falls Tribune: "They call themselves the Jury Girls. They met by chance - by the luck of the draw and an attorney's hunch. It was 1988, and they were members of the only all-woman jury anyone seems to remember in Cascade County."
Minn.: 'Super Lawyers' making its case
Minneapolis Star Tribune: "David and Jeff Stowman, a father-and-son law practice in Detroit Lakes, Minn., enjoy their 'Super Lawyer' status and even promote it with their limited advertising budget. But they're not sure what it means."
Minn.: Dakota County housing court coming to an end
St. Paul Pioneer Press: "After a six-year run, Dakota County is throwing out its community court. The court is an alternative to criminal court for residents of South St. Paul, West St. Paul and Inver Grove Heights who have been cited for housing violations."
August 17, 2008
Miller to chair Council of Bar Admission Administrators
On Saturday, August 16, 2008, in Madison, Wisconsin, Penny Miller, Clerk of the North Dakota Supreme Court, became Chair of the Council of Bar Admission Administrators. The term is for one year.
August 15, 2008
Chief Justice marks 75th birthday, 30 years on court
Today is Chief Justice Gerald VandeWalle's 75th birthday and also marks 30 years since he joined the North Dakota Supreme Court. Celebrations are planned for next week. Chief Justice VandeWalle Biography
S.D.: Tardiness excused by Supreme Court
Aberdeen American News/AP: "A bargain price for a foreclosed home sold at a sheriff's sale in Sioux Falls has been set aside by the South Dakota Supreme Court." S.D. Housing Development Authority v. Meinhardt opinion text
U.S. District Court revises local rules
The United States District Court for the District of North Dakota has revised its Local Rules, effective Sept. 1, 2008. The revised Local Rules are available at the court's website. A Summary of Revisions is also available to assist litigants in familiarizing themselves with the revisions. U.S. District Court website
August 14, 2008
VandeWalle receives Inns of Court award
Chief Justice Gerald VandeWalle received the American Inns of Court 2008 Professionalism Award for the Eighth Circuit on Aug. 13. The award honors judges and lawyers who display sterling character and unquestioned integrity. American Inns of Court News Release
Joint Procedure Committee April 24-25 minutes
The minutes of the Joint Procedure Committee's April 24-25 meeting have been posted.
AG praises drunk driver testing results
Bismarck Tribune/AP: "A regional program that requires repeat drunken drivers to pass twice-daily breath tests to stay out of jail has shown excellent results, Attorney General Wayne Stenehjem says."
Judge says Fargo fines violate rights
Fargo Forum: "A federal judge ruled Wednesday that the city of Fargo's traffic fines violated a woman's constitutional rights to due process and equal protection - but she failed to prove they were excessive by constitutional standards."
Mont.: Gazette loses in court case on lawyer discipline records
Billings Gazette: "Releasing to the public the disciplinary records of a former Billings city attorney whose misconduct resulted in a public censure and license suspension would be unfair to the attorney, the Montana Supreme Court has ruled." Montana Supreme Court Cases
U.S.: Ruling is a victory for supporters of free software
New York Times: "A legal dispute involving model railroad hobbyists has resulted in a major courtroom victory for the free software movement also known as open-source software." Jacobsen v. Katzer opinion text
Job Announcement
A job announcement for an Attorney I with the N.D. Department of Human Services in Jamestown has been posted.
August 13, 2008
8th Circuit issues opinion in N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed a judgment in a North Dakota insurance coverage case. Hueske v. State Farm opinion text
Meet the new Supreme Court law clerks
Five law clerks began their one-year tenure with the North Dakota Supreme Court Aug. 1. They are Madeleine Moise Cassetta, Betsy Elsberry, Aubrey Fiebelkorn-Zuger, Stacy M. Moldenhauer and Christopher Rausch.
Bats continue to plague courthouse
Minot Daily News: "A problem once thought solved at the McLean County Courthouse has returned. Bats have reclaimed their home in the attic of the facility."
Incarceration alternatives discussed in New England by commission
Dickinson Press: "The North Dakota Legislative Council's Commission on Alternatives to Incarceration held a meeting at the Dakota's Women's Correctional and Rehabilitation Center in New England on Tuesday."
Minn.: Waseca prison to become women-only facility
Duluth News Tribune/AP: "The men's federal prison in Waseca is becoming an all-women's federal prison.The low-security prison currently houses 1,100 inmates about 75 miles south of Minneapolis."
Minn.: Dakota County law libraries offer legal resources without legal fees
Minneapolis Star Tribune: "Dakota County's law libraries, in Hastings and Apple Valley, offer reams of electronic and hard copy information, covering common issues such as property lines and neighbors' pesky pets."
U.S.: No decision on Exxon Valdez interest payments
Associated Press: "The U.S. Supreme Court on Tuesday declined to decide whether Exxon Mobil Corp. must pay interest on punitive damages awarded in the nation's worst oil spill."
Mass.: Juror's challenge raises legal issue
Boston Globe: "It started with a note from the jury barely an hour into deliberations, an unusual question that went way beyond the scope of the federal drug-trafficking trial."
August 12, 2008
U.S.: Appeal planned in Cobell lawsuit
Bismarck Tribune: "Elouise Cobell, the lead plaintiff in a class-action lawsuit against the Interior Department, on Friday said lawyers representing thousands of American Indian landowners will appeal a final ruling issued by a federal judge in a 12-year-long trust fund case."
Top Calif. judge faces backlash over gay marriage
S.F. Chronicle/AP: "California Chief Justice Ronald George has spent more than half his life cultivating an image of a cautious jurist and earning a reputation as a politically skilled court administrator." Chief Justice Ronald George Biography
September Term of Court
The September term of court has been posted, including issues and briefs.
Court seeks comment on magistrate rule proposal
The North Dakota Supreme Court is seeking comment on proposed amendments to Administrative Rule 20 - Magistrates. Comments are due by Sept. 8. Proposed Amendments to Admin. R. 20
August 11, 2008
U.S.: Reduce partisan fight over judges, lawyers urge
Associated Press: "The American Bar Association is calling on the next president and Senate to reduce partisan tensions in federal judicial nominations."
Mont.: Sheriff, public defenders at odds over free calls
Missoulian: "After allowing toll-free telephone calls between Missoula County jail inmates and their public defenders for more than two years, Sheriff Mike McMeekin says lost revenue has forced the arrangement to cease."
Minn.: Turning failures into good citizens
Minneapolis Star Tribune: "In the early 1980s, Willie Hamer felt the pull of the Vice Lords, dropped out of Roosevelt High School and hit the streets hard."
Minn.: Things I never learned in law school
St. Paul Pioneer Press: "When I graduated from law school, I thought I was pretty hot stuff. I knew a lot of archaic Latin terms and I had learned a lot about 'the law.' What I have learned since law school has been mostly lessons in humility."
Appellate practice tip of the week
Seek a stay from the trial court before seeking one from the Supreme Court. See N.D.R.App.P. 8(a). Other appellate practice tips
August 8, 2008
Kilpatrick faces felony assault charge today
Detroit Free Press: "Shortly after Mayor Kwame Kilpatrick wakes up in jail this morning -- still reeling from becoming the first sitting mayor in Detroit's 307-year history to spend a night behind bars -- Michigan Attorney General Mike Cox is expected to charge him with felony assault."
Judge says Indians owed $455M in trust case
AP: "A federal judge ruled Thursday that American Indian plaintiffs are entitled to $455 million in a long-running trust case, a fraction of the $47 billion they wanted."
Tribal justice falls $8.4 billion short
Sioux Falls Argus Leader: "A Bureau of Indian Affairs report released Thursday shows an $8.4 billion backlog to bring tribal and federal detention centers in Indian Country up to current standards and to relieve overcrowding of as much as 150 percent at peak periods."
Calif.: State Supreme Court rejects noncompete clauses
S.F. Chronicle: "Californians have the right to move from one company to another or start their own business and can't be prohibited by their employer from working for a competitor in their next job, the state Supreme Court ruled Thursday." Edwards v. Arthur Andersen LLP opinion text
Study finds settling is better than going to trial
N.Y. Times: "Note to victims of accidents, medical malpractice, broken contracts and the like: When you sue, make a deal."
August 7, 2008
Emineth retiring from federal service
U.S. District Court News Release: "Rob Ansley, Clerk of the U.S. District Court announced that on September 2, 2008, Don Emineth will retire with more than 36 years of service to the Federal Court."
Wisc.: Court rejects challenge over VA programs
St. Paul Pioneer Press/AP: "Taxpayers cannot sue the U.S. Department of Veterans Affairs for incorporating religion into its health care programs for the nation's veterans, an appeals court has ruled." Freedom from Religion Foundation v. Nicholson opinion text
S.D.: Evidence supports murder conviction in man's death
Sioux Falls Argus Leader: "An escaped prison inmate lost a Supreme Court appeal today of his felony murder conviction in the March, 2006 death of Boyd White Bull." State v. Roubideaux opinion text
August 6, 2008
Retiring S.D. judge lets Thune nominate
Sioux Falls Argus Leader: "U.S. District Judge Charles Kornmann has decided to step down as a full-time judge, creating an opening in one of the state's most coveted - and political - legal jobs." Aberdeen American News/AP: Federal judge retiring
S.D.: Lower courts will get electronic coverage
Aberdeen American News/AP: "A member of a committee exploring the idea of allowing broadcast coverage of South Dakota circuit courts says he has no doubt that they eventually will be opened to electronic media."
Mont.: Tribal court's success shared
Missoulian: "The man was in his 40s, had held the same job for 10 years, but was going through a difficult time. A divorce. 'He went out drinking, used poor judgment and drove home,' said Ann Sherwood, an attorney in the Confederated Salish and Kootenai Tribal Defenders Office."
August 5, 2008
S.D.: Panel leader suggests study of open meetings law
Aberdeen American News/AP: "The chairman of the South Dakota Open Meetings Commission, Aurora County State's Attorney John Steele, says he thinks the Legislature should take another look at the state's open meetings law."
Minn.: New laws restrict, protect
Bemidji Pioneer: "If you are a health care professional looking to make a profit, don't chase an ambulance. If you are a musician, don't claim to be someone you are not."
U.S. prosecutors feel the heat, want protection
Law.com: "In the wake of three murders and the recent attack on a federal prosecutor in a New York courtroom, a group representing the nation's federal prosecutors is calling for stepped-up security, including home alarms, self-defense training and the right to carry firearms."
Job Announcement
A job announcement for an Attorney I with the North Dakota Department of Transportation in Bismarck has been posted.
August 4, 2008
Supreme Court welcomes new law clerks
The North Dakota Supreme Court welcomed its new law clerks for 2008-2009. They are (left to right) Madeleine Moise Cassetta, Stacy Moldenhauer, Christopher Rausch, Aubrey Fiebelkorn-Zuger, and Elizabeth Elsberry.
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed a conviction in a North Dakota credit union robbery case. United States v. Moe opinion text G.F. Herald/AP: Appeal rejected in credit union robbery case
N.D. Attorney General Opinion: Aug. 1
North Dakota Attorney General Wayne Stenehjem has issued an opinion that Workforce Safety & Insurance violated the law by not releasing STEP grant information within a reasonable time and the names of HELP grant recipients.
S.D.: Sisters must dissolve Butte County ranch operation
Rapid City Journal/AP: "A company formed to operate a Butte County ranch inherited by four sisters who no longer get along must be dissolved to settle the family dispute, the South Dakota Supreme Court has decided." Kirksey v. Grohmann opinion text
S.D.: Wanted - More rural lawyers
Sioux Falls Argus Leader: "About 25 years ago, the Meade County city of Faith bought an ad in the state bar's newsletter soliciting a lawyer to move to town."
S.D.: Hanson County prepares for demolition of historic courthouse
Mitchell Daily Republic: "The clock is ticking for the 104-year-old Hanson County Courthouse."
U.S.: 3rd Circuit rules media has right to juror names
Law.com: "In a ruling that could have far-reaching effects on the handling of high-profile trials, the 3rd U.S. Circuit Court of Appeals ruled Friday that the media has a presumptive right of access to the names of jurors, and that a Pittsburgh federal judge erred when he sought to empanel an anonymous jury in the corruption trial of former Allegheny County coroner Cyril H. Wecht." United States v. Wecht opinion text
Appellate practice tip of the week
The most effective Petition for Rehearing will state with particularity the points of law or fact that the Court has in fact overlooked or misapprehended. See N.D.R.App.P. 40. Other appellate practice tips
August 1, 2008
Rolette County sheriff resigns
G.F. Herald/AP: "Rolette County Sheriff Richard Turcotte has resigned."
8th Circuit decides N.D. case
The United States Court of Appeals for the Eighth Circuit has affirmed the judgment in a North Dakota declaratory judgment action. Auto Club Group v. Wimbush opinion text
Juvenile Policy Board Aug. 8 agenda
The agenda for the Aug. 8 meeting of the Juvenile Policy Board, and the Board's May 9 minutes, have been posted.
Mont.: Supreme Court upholds ruling on Frontier subdivision
Helena Independent Record: "The Montana Supreme Court ruled this week that three families who wanted to intervene in the approval of a North Hills subdivision made by the Lewis and Clark County Commission missed their opportunity to do so." Montana Supreme Court Cases
S.D.: Commission hears open meetings complaints
Aberdeen American News/AP: "The state's Open Meetings Commission made two decisions Thursday on complaints of open meetings violations and delayed a third after discussing whether a university student group falls within the scope of the state law."
Minn.: Nicholas Shutter to be tried as adult
Bemidji Pioneer: "In a 14-page decision, the Minnesota Supreme Court upheld Thursday the ruling of the Beltrami County Juvenile Court and Minnesota Court of Appeals that Nicholas Shutter, now 18, should be tried as an adult for the murder of his 55-year-old grandmother, Marilyn Shutter." Matter of N.J.S. opinion text
Wyo. Court: Wife must testify against husband
Casper Star Tribune/AP: "The Wyoming Supreme Court ruled Thursday that state prosecutors can force husbands and wives to testify against their spouses in some cases." Rogers v. State opinion text
U.S.: The History Boys
ABA Journal: "A foreign visitor who came to see the U.S. Supreme Court during the final days of this year's term might have walked away thinking the U.S. Constitution was written by Englishmen in the 17th century and carried to this country on a sailing ship."
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