The only firm in North Dakota to win criminal cases at the U.S. Supreme Court and the ND Supreme Court
Getting results in North Dakota for 17 years.
The only law firm in North Dakota to win DUI cases at both the U.S. Supreme Court and the North Dakota Supreme Court.
Call today for a free consultation: (701) 323-0123
A defendant has a right to a "public" trial in "open" court. A Defendant will almost always receive a new trial, if the Court closes trial to the public. Recently, however, the United States Supreme Court stated that if the Defendant fails to object to the closure and fails to raise the claim on direct appeal, he will have the onerous task of showing he was prejudiced by the closure when he later claims to have had ineffective assistance of counsel. In Weaver v. Massachusetts, a 16-year-old murder defendant was denied relief under those very circumstances.
The North Dakota House in now considering a Senate bill that would repeal the prohibition on government parking meters; i.e., every level of North Dakota government is going to charge you to park now. Gotta quarter? Despite all the oil in this State and all that money locked away in a rainy-day fund, times are tough in North Dakota. Tighten your belt and get your change ready.
The North Dakota legislature is setting aside $25,000 to study the initiated and referred measure processes. It appears North Dakota government wants to "study" how it can take away power from the people of North Dakota to shape laws. All North Dakota citizens should be concerned about this.
In response to the DAPL (Dakota Access Pipeline) protests, the State of North Dakota is proposing to make it a crime for a person "to wear a mask, hood, or other device that covers, hides, or conceals any portion of that individual's face" if they are hiding their face and they have a prior criminal conviction. With the passage of this poorly-crafted bill, a person with a prior criminal record is subject to arrest for wearing a scarf in sub-zero weather.
The State of North Dakota is trying to reconcile current victim's law with the controversial Marsy's Law. The proposed legislation would allow an alleged victim, or a family member of the alleged victim, to "prevent disclosure of confidential or privileged information about the victim or the victim's family," without really defining what that includes. Presumably, an alleged victim could claim confidentiality or privilege to any part of the criminal justice process. This vague modification of the law carries with it the very dangerous possibility of violating due process and the Sixth Amendment.
The North Dakota Department of Transportation has asked the North Dakota legislature to grant the agency the power to hold driver's license hearings over the telephone. In a shocking request, the NDDOT has asked that due process be dumbed down and that the hearing officer decide whether a driver is entitled to a face-to-face hearing to contest a suspension or revocation of driving privileges.