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Show I WESTERN AMERJMl Poriulb Dni'.r University nf Ut.h palt LukeCity UtD SALT LAKE CITY. UTAH VOLUME 16, NUMBER 200 70 Practical Problems Encountered by the Secretary of State With Corporate Firms Utah Supreme Court Decisions Capiulc Robbery Conviction Sufficient Circumstantial Evidence Appellant: RONALD STREFF Appellant: SHELDON RAY JENKINS Errors A. Presumptions Favor Regularity of Proceedings Contention Relied Upon Raisable at Trial . . . Reviewable on Appeal ... Not to Be Reviewed in Habeas Corpus Trial Judge Not obliged to Believe Testimony of Plaintiff Self-Servi- ng See details paged . By James W. Freed Over 70 of corporation documents filed with the Secretary of State contain errors which require further contact with the person preparing the document. Problem of Requires Secretary of State to furnish forms of all documents filed in that office. Specific problem areas. 1. Failure to ascertain availability of corporate name. 2. Omission of statement that corporation will not commence business until has been received. 3. Insufficient address for. a. Registered office and $1,-000.- 00 agent Utah Taxpayers to Pay Over Property Taxes In November extract from taxpayers $169,-177,8- $169 Million years load will be $1,297,-00- 0 more than the $167,880,362 that was charged in 1971. Association spokesmen said that not since 1956 have property owners of the state experienced such a small increase: Between 1970 and 1971, the property tax jumped $13.8 million. This 392 units of Utah government will 06 in property taxes come this November," claimed the Utah Taxpayers Association. This was revealed today in the organizations annual comprehensive report on property tax levies and estimated collections for 1972. Murray with 56.75 mills has the school levy, followed and 56.13 mills 56.37 in Granite, by h San Juan has in Beaver. the states lowest 32.60 mills. The Utah Taxpayers Association said that of the 211 incorporated cities and towns in the state, 16 increased their levies, 46 cut tax ( ACCN) MILWAUKEE The rates, most of which were located in the 10 reappraised counties, and practical aspects of the use of 146 remained unchanged. models of places and things as demonstrative evidence in damage suits are reviewed by Minneapolis attorney James L. Fetterly in the current issue of For the Defense," states highest Oil-ric- Model Displays As Evidence ABA Head Calls i the monthly newsletter of the Defense Research Institute (DRI), here. Fetterly begins his "Defense Memo" by pinpointing the advantages of visual evidence. The use of models has the advantage of attracting and holding the attention of the triers of fact, since the models are something special and apart from the usual testimony S4 and directors. 4. Corporation as an incorporator. 5. Failure to verify Articles. 6. Incorrect filing fees. 7. Amendments to Articles. a. Failure to show total authorized and outstanding shares. b. Failure to show number of shares voting for and against the amendment Foreign corporations. a. Failure to provide authenticated copies of the Articles. b. Failure to provide name and address of registered agent in Utah. Annual Reports. it Special Problems of Corporations. F. Real Estate Investment Trusts. of a New Next b. Incorporators 392 GOVT UNITS and documentary exhibits. Thus, models provide a favorable device for the presentation of crucial evidence and argument jurors are unlikely to overlook a point that has been made with a model, or forget evidence presented in this manner." The Minneapolis attorney emphasizes that, in planning the use of models, the cost and availability factors should be weighed against the potential effectiveness. Also, counsel should take care not to use too many models, since this could detract from a significant point. The author cites the Model Code of Evidence as the standard rule governing the admissibility of evidence and noted that the fundamental test of admissibility is whether the model fairly and accurately represents the actual place or thing. Continuing with a discussion of the foundation for the use of models at trial, the author emphasizes that, when a model is offered as proof of something, it must be offered in conjunction with a pertinent witness' testimony. The witness nee not be the person who constructed the model and, in fact, in some instances should not be the model-makas this could minimize the effectiveness of the representation. er Crime Trial here today. Boston attorney Robert W. Meserve cited the Chicago Seven" and Sirhan B. Sirhan trials as glaring examples, which create the impression that delays are law typical of criminal ministration." ad- Addressing the Missouri Bars annual meeting here, Meserve said the Chicago Seven ana Sirhan cases were more atypical than typical, but that the legal delays involved were endemic in our legal system. He told his audience, Nothing excuses out failure to do more than we have done to correct some of the practices which bring this about. The responsibility rests heaviest upon us because lawyers and judges have through the years been parties, consciously or not, to permitting these practices to develop and to continue." He said it is still basic, that any a prompt disposition of the charges against him., Our obligation to society is equally important," he added. Meserve urged his audience not to accept the idea that nothing can be done to speed the judicial process. He asked them, as individual members of the Bar, to meet the issue head-on. Federal Parole Board Starts Program 1-Y- WASHINGTON U.S. Board of ear (ACCN) - The Parole began on a one-yepilot project aimed at speeding parole decisions, informing federal prisoners of the reasons when parole is denied, providing represenOctober 10 ar non-attorn- ey tatives at hearings before examiners at correctional institutions and establishing an appeal procedure. Wider ABA Role Given Judges, Court Aides CHICAGO Judges and other court personnel are enjoying a greater voice than ever before in affairs of the American B Association. This is due primarily to the efforts an ABA committee headedby Justice William M. McAllister of 'the of Supreme Court of Oregon. He is former chairman of the Conference of Chief Justices and the Associations Section of Judicial Administration. Justice McAllister's Special on Committee Effective in Association the Representation was created in July, 1971, to determine how judges and other court officials could play a more vital role in ABA efforts to improve the administration of justice. The committee made a series of recommendations which were adopted by the Associations House of Delegates. These proposals altered the very structure of the association. Judges now are represented on both ABA policymaking bodies, and court personnel have been granted associate status. Thousands of judges, non-lawye- rs TOTAL RETAIL SALES for August and September surged to magistrates and other judicial record highs of 10 to 12 percent personnel, serving in courts of above 1971. Profits should be even limited or special jurisdiction stronger. Government spending at throughout the nation, may all levels continues to soar and new now participate in ABA acand plant equipment expenditures tivities as judicial associates." are high court administrators THE ECONOMY looks bright for and federal circuit court executives further expansion of 10 percent for also are eligible to join this group. 1973. Real growth is projected at 6 Although they are not lawyers, 4 If inflation with at percent. and therefore not eligible for percent fiscal and monetary policy tightens membership in the ABA, many of these individuals have attained a up, inflation may not exceed 3 percent. Eventually the gloom over high level of professional standing Wall Street will lift and new sparks and are recognized experts within will be ignited. Peace in Vietnam their respective fields," said Justice could be the stimulant. McAllister. THE REFLUX OF DOLLARS to Furthermore," he added, they the U.S. could accelerate sharply work in closest contact with the and provide strength to the stock public, where the need for mutual market. If billions of inconvertible understanding is greatest. Their greenbacks, now floating from one interest in judicial reform is quite foreign country to another, come high, and the Association welcomes thundering back to the U.S., the their assistance in this vital area." A new Judicial Administration stampede would create an updraft in the market. Division has been created to replace RUNAWAY LUMBER and the Section of Judicial Administration. Division chairman is concern plywood prices Washington and pose a threat to the national Judge William B. Jones, U.S. housing goals. Builders are District Court, Washington, D.C. The division structure will help frustrated by high prices and extreme shortgages. Many are us better serve the diverse needs of abandoning plans for low and our 7,700 members who make up a moderately priced homes. A rather complex organization," said Judge Jones. He noted that each of Congressional investigation into the lumber price-suppl- y situations is the 3,400 judge members belongs to one of five judicial conferences Lumber distribution schemes likely. within the division, and that each and other situations is likely. conference has a number of Lumber distribution schemes and other subterfuges are being used to get around price controls. non-lawy- Excessive delays receive Economic Periscope Miami Review during criminal trials erode public confidence in America's judicial ' system, the president of the American Bar Association declared accused By-Laws ByLeeRuwitch Delays Harmful ST. LOUIS Non-Prof- WEDNESDAY, OCTOBER 18, 1972 Non-lawy- er er Board Chairman Muarice H. Sigler said the project is designed to test the feasibility of establishing regional offices throughout the country to carry out the Board's functions. The institutions involved in the pilot project are the Kennedy Youth Center, Morgantown, West Virginia; the Federal Correctional Institution, Danbury, Connecticut; the U.S. Penitentiary, Lewisburg, Penn- sylvania; the Federal Reformatory for Women, Alderson, West Virginia, ancLJhajfederal Refor- PteibGfg , Virginia. leddmjarters for the region will Itfiinefidards Washington offices arid the cadlig.lhe region is Mrs. PpUjaTeraiant, BOhrd. a member of the V project, two teams oard Examiners will visit pilot five institutions monthly to conduct interviews with parole applicants. After interviewing applicants the Examiners will send reports to Washington and decisions by the Board will be transmitted back to the applicant within five days. In cases of denial of a parole, the reason or reasons will be explained to the applicant by an Examiner. For the first time the applicant advocate at can have a an institutional parole hearing. This may be another inmate, a relative, a friend or an institution employee. Sigler said that many parole applicants find it difficult to make their positions known and the primary purpose of an advocate would be to improve communications. Attorneys can represent parole applicants at hearings by the full Board in Washington and also can non-attorn- represent parolees at parole violation hearings. But they would not be present at institutional hearings. An appeal procedure has been set up whereby an applicant, who has new and significant information not available at an interview, or shows that reasons given for a denial cannot support the decision, can appeal within 30 days to the Board member designated for the region. Within 90 days after the first review decision, an applicant can file a final appeal with an appellate member of the Board. The first interviews under the new plot project were conducted at the Kennedy Youth Center, October 10. . 25th Anniversary Texas International To Expand Services To Mexico City HOUSTON Texas International Airlines, Inc. is celebrating its 25th anniversary. The airline has a fleet of 40 aircraft, over jetjet-pro- p 2,000 employees and serves 60 cities in nine states and Mexico. On December 1, 1972 the inter national route of the carrier will be jet route expanded with a non-sto- p from Houston to Mexico City and additional service from Corpus Christ! and the Rio Grande Valley to Mexico City. Texas Internationals route system now includes the major terminals of Los Angeles, Salt Lake City. Denver, Albuquerque, DallasFort Worth, Houston, Little Rock, Memphis, San Antonio and New Orleans. |