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Show r 7 THE DAILY RECORD PAGE FOUR FRIDAY, OCTOBER 8, In The Supreme Court Of The State Of Utah Pltf$169.13; bal 42194 vs It has been said that due process of law must be undermean law in the regular course of administration through stood courts of justice according to those rules and forms which have A genbeen established for the protection of private rights. eral law administered in its legal course according to the form of procedure suitable and proper to the nature of the case, conformable to the fundamental rules of right and affecting all persons alike, is due process of law. 41832 - 41755 - J. W. Brewer Tire Co. vs ARTHUR L. KIMBALL; vs S. $97.61; 106 ANTHONY The prevailing opinion cites the case of Coolidge v. New Hampshire, U. S. 91 S. Ct. , 29 L. Ed. 2d 564, 578-57- 9. (1971), and that case is to be commended for showing an awareness on the part of some members of the Great Court of the error of their ways and of the mischief which they have wreaked by their poor decisions. - Calvin Johnson dba Johnson Collection Agency vs JOSEPHINE GARCIA; Pltf$163.28; $8.20; $71.09 While our citizens are not safe either in their homes or on the of our cities, still the great concern of the Supreme Court of the United States seems to be for the criminal and his constitutional rights rather than for the overriding problem of the protection of the innocent element of our society or the conviction of criminals pursuant to due process of law as administered by the state courts. I do not desire to burden this case and the books with any extensive repetition of my views as to the "unreasonableness" of requiring peace officers to go and obtain a warrant to conduct a "search" and then to "find" property already in their possession; and this upon what I believe was an entirely reasonable suspicion of being implicated in crime, which it is their duty to investigate. The problem was dealt with in the case of State v. Criscola, footnote 1, main opinion. Upon the basis of that decision and the authorities therein cited, including particularly Harris v. United States, 390 U. S. 234, I think the question accurately and pertinently quoted, as JOHN PERCIVAL vs THOMAS E. HANSEN; Pltf $653.54; $200.00; $9.60; agreement - Alvin H. Keller dba Credit Security National vs 42180 Fltf $382.15; bal 42176 vs TIM SALAZAR; - First Security SUSAN CANNON; $5.20; bal - Alvin H. Keller dba Credit Security National vs 42181 Bank Pltf$591.08 RONALD $11.70; $180.00; bal due 42177 - First Security of Utah vs ROY A. MAY; - First Security W. CAMPBELL; Pltf $85.18; $15.80; bal due Bank - Alvin H. Keller dba Credit Security National vs 42182 Ptf $438.09; $140.00; $12.00; agreement 42178 Pltf$46.00; JOHN KEMP; Pltf$10.00; .65; $50.00; check Bank - Alvin H. Keller dba Creiit Security National 42183 vs MICHAEL C. CROSBY; Pltf $678.08; $9.30; $200.00; agreement vs RAY FERNANDEZ; Pltf $17.18; $1.55; bal due vs 4K s - sr 860 Comm AND DONNA WENDEL condemnation dba Road vs EVERETT H. WENDEL AND EMMA L. WENDEL; IREE S. condemnation 201720 vs Pltf CEORCE A. SNELL; $54.00; $2.10; bal 42187 - Alvin Credit Security National dba vs D0RICE W. LINDEN; Pltf $68.00; $6.08; bal due - Civil Bur. vs ROY WANA HARDY; 42189 E. Enforcement HARDY AND LA Pltf$160.57; bal - Bonded Adjustment L. ROY - ZANE MORROW 201721 - AND Bur UNETA 201722 - Blair FUNDING, STEPHEN ORCHARD;Pltf$5,079. AND 201723 - Joseph S. Gasser, Jr vs REED W. CHRISTIANSEN; Pltf $10,000; damages The Salt Lake Hdwe Co Pltf$ $254.09; account 42192 - Paris Comany vs WILFORD W. RUKf WILF0RD W. RUFF; 1 MRS. Pltf$134. 7 9 17 t Sto Rss- - 45 58 2 7 34 B 1 2 238 2 12 17 2 3 lfl 6 13 34 178 2 38 til 38 19 6 20 B 10 2 Pstro- - t 3 6 2 Quantsx- Research- Rocky Mt- n- a 5 2 13 2 S t Skyline- - Soroity- Stsnsbury-- Strstsgic- Surety- - Tlntic- Toledo- - Trsns World- Tun- a- - 17 2 34 34 li 2 134 7 4 6 15 S 5 t tS 6 S I 3 58 9 19 6 B 11 7B tS 2 t 1 1 3 2 1 34 4 2 134 S t t Western Dsv- - t Western Rss- - t Ws t lend- Urbco- 9 1 t t t t Silvsr Ms- tSilver Mo- nSil Star- Sllvex Ind- - 42 2 7B 1 34 2 5 5 3 4 lB 4 3 Suits District Court - Royal Anderson vs 201729 BONNEVILLE CONVALESCENT AND NURSING HOME, INC. ROBERT GREEN, GRANT C. SNOW AND JOHN MILLING; Pltf$89,238.00; pers Injury - Richard 201730 H. Davis vs Ptf $5,500.00; $1,033.33; note LE0NIDAS PIERRRE - James 201731 MIKE PAVICH; court Claims PAVLOV; Andrew vs Appeal from Small W. 201724 - Valley Bank and Tr. Co. vs DATA CAP SYSTEMS AND EDWARD D. BARNES; Pltf $1,038.00; $300.00; note 201725 - Lola Willardson vs E. PAPANIK0LAS, et al Pltf$250,000; $6,000; 201726 - William M. Jennlnas vs ROY L. CHAPMAN: PI tf$4. 147. bal ALLEN L. CURTIS DBA CURTIS WELDING INC; bal due Morris vs INC. CENTURY pers injury Pltf$92.20 SLC IRENE Pltf$2,623.34; bal Bonded KAY PARKER AND AND SCOTT; Pltf$246.00; bal Adjustment Bur Co Pltf$602.00 G. SCOTT R. 6 7B TUFT - Credit Bureau of REVICE JOHN bal due 42191 Law DBA $1401.85; $1460.81; bal check Keller H. G. TUFT 40 . lB condemnation - Mainline Const. GRANT CONSTRUCTION CO; vs - Alvin H. Keller dba Credit Security National vs WENDEL; - Trsns- - Comm 42186 vs Where thousands of listeners enjoy concert mjjsic and news every day! Keller vs HARLEN HANSEN; Pit $68.55; $1.58; $50.00; bal vs rsj Road 201718 - State of Utah, 42185 - Alvin H. Keller dba Credit Security National 42190 w L. HARRY JEAN WENDEL; MARION PARKER; i- - State of Utah 201717 vs GERALD LEROY POWERS; Ptf $101.45; $61.00; $70.00; note MORROW; 1 ANNE injury Credit Security National 42188 I- Pltf$ 201719 - State of Utah, Road Comm vs LEONARD F. WENDEL AND vs dial H. PERC- 3 36 7 Process Sys- - I 3500; $150,000; damages and pers 42184 - Alvin H. Bank KAY JONES AND DEMAR JONES; Court 42179 - First Sec. S. AND - Sandra Nesbitt vs 201716 - PsrMloy- - Pltf$1,211.54, lien VAL; to whether there was an unreasonable search, should be answered in the negative. This is especially so because the determination as to the reasonableness of the search is primarily for the trial judge, which should not be disturbed unless it clearly appears that he was in error or abused his discretion, a circumstance not shown here. Suits-C- ity - Sidona All red vs 201715 t Cristo-- - District Court 3 1 4 t Nsssort- Oskrldga- Pac Air- Pltf$162.82; $13.20; $65.00 105 1 t t t t Mtn EARL THATCHER THATCHER AND JUDY Suits DAVID RONNICER DBA KAMA RAN CLOTHING. A. Woods dba Woods Car Co. vs dissent. turing Co. vs Bonte 78 4 t Motivational- - Kenneth 41599 CROCKETT, Justice: (Dissenting) - Washington Manufac- Bidnigh- tMonads P.t- 106 ed 42 3 40 Bio- - Micro 37 2 7 14 MIC Corp- 41787 29 16 t t flsr Betels- Bstcalf- - 6 1 26 12 I Luna Mi- nBed Dsv Corp- -I 7B 10 f Lsisurscraft-- S foreclosure 106 PALMER; 1 B King Sllvsr- - Bank Pltf 78 lB i Wtr-- e Jan Mi-n- 41911 - Metropolitan Finance Co. vs KENNETH WILLIAM streets Ptf BANKS; 12 S - 9 6 9 38 King Silvsr-4- 0 - First Security 38388 1 t t t t Jsckwsn- 106 34 178 7 34 Intntn Lab- - I Intsrssst- - t Invsstsststs-- f $416.40; $9.80; $155.47; 3 Cold Sssl- Graphic- HI H-oHiko Bell- HoMStssdHot B 2 16li Intstn- - Ptf 10 30 10 Flying Dlm- dGlobs Inc.- - Inst ALBA; B 8 6 5 t - Tire Pltf$33.87 $8.60; $50.00; 106 1. As to the efficacy of that amendment, see my lonesome opinion in Dyett v. Turner, 20 Utah 2d 403, 439 P. 2d 266 (1968). WALLIN; Brewer W. 2 6 9 7 t CeldPlst- - $9.80; $102.24; 1026 1 26 - t - t - 8 58 7B t t t Bin- risgg 5 7 Int'l- - Esdsko Ptf Pltf$278.93; 41754 - J. Co. vs SAM - Ebony Oil- W. B. Enterprises GARCIA AND MARGARS HENRY GARCIA; law-abidi- ng 42175 REYNOLDS; $56.50; $7.90; 106 vs Dusssnbsrg- - The Optical Shop vs 41865 - Ca-pCont. Cold- Coot. Dy- n- 106 15 3) Con Dimensio- n- 14 ( I I Min- li 11 f Auto- - Dakota 1 58 34 2 34 2$ 34 HornHsch- Com Tol- i t t Classic Bin- - e Com Park- t C output r on- t A. Newell Dodge dba Dodge Appliance Co. vs PACIFIC FLIGHT SUPPORT INC; Pltf$56.07; $7.90; overzealous in securing incriminating evidence against a criminal. It is only prevented by some poorly reasoned federal cases. Such a holding as we here and now. make is difficult for the people of this nation to understand. Our courts now have less respect than they have had since the union was formed. The blame is not confined to those courts which deserve it. The state courts, like "Old Dog Tray," are taking a beating -- - not because of anything which we do, but rather like "Old Dog Tray" because of the company we keep. Of necessity we must keep company with the federal courts. However, we would like to be able to cite some of the decisions of the Great Court for a principle of law other than as a means of setting free a convicted felon. AND VERA - 41655 I I Csaso Mi- n- - Dr. Bryce J. Fairbanks vs DEAN R. MITCHELL; Ptf $74.00; $9.00; 106 There is no provision of statute or constitution which would prevent the truth from being told to a jury simply because the officer may have been $260.00; $100.00; note Big Bio 40386 MARJORIE Vera Erramouspe vs EIRK Pltf City Court Judgments he may have sustained. - John Erramouspe and INC; FOODS, I Anderso- nBell Star- - Forms Bus In the instant case the officer was not searching for anything. The objects were in plain view. The officer only needed a closer look to check the serial number on the rifle. It may be that he did wrong in taking the truck to the station and there getting inside of it. If he thereby committed a trespass, the courts are open to the appellant to recover such damages as VALLIN MURRAY $124.00; bal ... 42174 - Moore Business Bid "Asked Unit p roods- Aoeu nines- Alasar- Alps Corp.- - A KARL F. LEHND0RFER AND MRS. KARL F. LEHNDORFER ...to I OTC QUOTES - Chevron Oil Co. vs 42193 The reason is obvious. Due process does not mean at all what the Great Court now says it means. The term is defined in 16 Am. Jur. 2d, Constitutional Law, $546, as follows: so-call- SALT LAKE CITY Court Suits-C- ity 1971 201727 HOWARD Bedroom Retreat Prked at 41,500. This exquisite mountain home is the final answer located on Hobble Creek Golf Course in the canyon near Springville. This secluded beauty offers both summer and winter enjoyment. We at the Gallery have a port folio of color photos of this entire set-u- p to cnfke you to make this short trip to 6 Hobble Creek Canyon. Call or semi-A-fra- 467-205- - State 277-534- 9 Farm Mutual Automobile Ins. Co. vs ROBERT L. REEDY; Pltf$1, 771.48; $468.00; note 401728 4 V - Salt Lake County vs C. NELSON: Pltf Order to show cause 177 E. 1st So. OF HOMES jy 521-600- 0 |