http://www.ndcourts.gov/ News from the North Dakota Supreme Court http://www.ndcourts.gov/xml/seal.gif http://www.ndcourts.gov/ http://www.bismarcktribune.com/news/columnists/article_506ab93c-1275-11df-91a3-001cc4c03286.html Bismarck Tribune: "When Devils Lake lawyer and State Senator Ralph J. Erickstad was elected to the Supreme Court in the early 1960s, he and his young family moved to Bismarck, and he soon became the Scoutmaster for Troop 14." Mon, 8 Feb 2010 14:25:46 CST Speak up, but don't shout.
- Other appellate practice tips Mon, 8 Feb 2010 15:34:33 CST http://www.nytimes.com/2010/02/09/us/09bar.html?hp New York Times: "Shon R. Hopwood was not a particularly sophisticated bank robber.We would walk into a bank with firearms, tell people to get down, take the money and run, he said the other day, recalling five robberies in rural Nebraska in 1997 and 1998 that yielded some $200,000 and more than a decade in federal prison." Mon, 8 Feb 2010 11:29:08 CST http://legaltimes.typepad.com/blt/2010/02/no-talking-no-texting-no-tweeting.html Blog of Legal Times: "A committee of the Judicial Conference of the United States has endorsed a set of model jury instructions for district judges to help deter jurors from using cell phones, computers or other electronic technologies during their jury service."
- Proposed Model Jury Instructions and memorandum Mon, 8 Feb 2010 12:15:28 CST http://www.abajournal.com/news/article/race_gender_of_judges_make_enormous_differences_in_rulings_studies_find_aba/ ABA Journal: "A judge's race or gender makes for a dramatic difference in the outcome of cases they hearat least for cases in which race and gender allegedly play a role in the conduct of the parties, according to two recent studies."
- Washington University Law Review article
- Yale Law Journal article Mon, 8 Feb 2010 12:23:12 CST http://www.law.com/jsp/article.jsp?id=1202442083077 Legal Intelligencer/Law.com: "In a case that could prove to be one of the most important privacy rights battles of the modern era, the 3rd U.S. Circuit Court of Appeals will hear argument this week on the proper legal standard to apply when prosecutors demand cell phone location data." Mon, 8 Feb 2010 12:28:07 CST http://www.ndcourts.gov/court/news/casscountywebpayments.htm The North Dakota Court System has announced that a new interactive voice and web payment system has been successfully implemented in Cass County. Fri, 5 Feb 2010 12:01:49 CST N.D. Attorney General Wayne Stenehjem has issued two opinions. The first held that the Security Committee of the Ward County commission violated the open meetings law because it did not provide public notice of its meetings or follow the procedural requirements to hold a closed meeting. The second held that Mountrail County's zoning ordinances cannot be applied to oil, gas, or saltwater wells because of the comprehensive nature of the Industrial Commission's statutory authority, which preempts county regulation of oil, gas, or saltwater wells, including their location.
- Opinion 2010-O-01
- Opinion 2010-L-01 Fri, 5 Feb 2010 15:41:00 CST http://www.law.com/jsp/article.jsp?id=1202442025383&Do_rd_Circuit_Rulings_Over_Student_Speech_on_MySpace_Pages_Contradict Legal Intelligencer/law.com: "Lawyers were scratching their heads on Thursday over a federal appellate court's seemingly conflicting rulings in a pair of closely watched student-speech cases that both involve high school students who were suspended for creating fake MySpace pages on their home computers to ridicule their principals."
- Layshock v. Hermitage School District opinion
- J.S. v. Blue Mountain School District opinion Fri, 5 Feb 2010 15:09:44 CST The U.S. Court of Appeals for the Eighth Circuit has issued opinions in two N.D. criminal cases.
- United States v. Martinez opinion
- United States v. Petzold opinion Fri, 5 Feb 2010 12:01:16 CST http://www.inforum.com/event/article/id/267971/ Fargo Forum: "Bismarck attorney Timothy Purdon will be nominated as the next U.S. attorney for North Dakota today, multiple sources familiar with the process told The Forum on Wednesday."
- White House: President Obama Nominates David Fein and Timothy Purdon to Serve as US Attorneys
- Timothy Purdon lawyer record Thu, 4 Feb 2010 15:26:47 CST http://abcnews.go.com/Politics/Supreme_Court/white-house-prepares-possibility-supreme-court-vacancies/story?id=9740077 ABC News: "SCOTUS Watchers Believe Justices Stevens and Ginsburg Could Decide to Step Aside. Lawyers for President Obama have been working behind the scenes to prepare for the possibility of one, and maybe two Supreme Court vacancies this spring." Thu, 4 Feb 2010 11:56:14 CST http://www.nj.com/news/index.ssf/2010/02/court_rules_schools_can_search.html Statehouse Bureau: "School officials can search students' cars on school property if they suspect them of illegal activity, the state Supreme Court unanimously ruled today in a decision that further broadens administrators' investigatory rights."
- Stae v. Best opinion Thu, 4 Feb 2010 12:02:24 CST http://www.nytimes.com/2010/02/04/us/politics/04scotus.html?ref=us N.Y. Times: "In expansive remarks at a law school in Florida, Justice Clarence Thomas on Tuesday vigorously defended the Supreme Court's recent campaign finance decision. And Justice Thomas explained that he did not attend State of the Union addresses--he missed the dust-up when President Obama used the occasion last week to criticize the court's decision--because the gatherings had turned so partisan." Thu, 4 Feb 2010 17:19:11 CST http://www.greatfallstribune.com/article/20100203/NEWS01/100203010/One+justice+announces+run++another+says+he+won+t Great Falls Tribune/AP: "Recently appointed Montana Supreme Court Justice Mike Wheat filed for another run Wednesday, while Justice William Leaphart says he won't be running again."
- Billings Gazette: Helena attorney announces bid for high court position
- Billings Gazette: Justice Leaphart to retire Dec. 31 Thu, 4 Feb 2010 15:31:08 CST