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Show eor i-- i 1 (r f Univ?r'ity r D: -- is i.!""''1, J f calt LUeCity, fcil1 I5 SAIT UKE CITY, UTAH VOLUME 17, NUMBER 88 Utah Supreme Court Decision U.S. Airlines To Prepare For Fuel Shortage Indictment Charges Wide GRAND LARCENY Tape Pirating VERDICT AFFIRMED Utah v. Doherty BURGLARY CONVICTION AFFIRMED ... "the failure to steal after entering with the Supreme Court: intent is no defense to the crime f burglary. See details page S.- - WASHINGTON (UPI) The Justice Department has reported that a federal grand jury in Albuquerque, N.M. indicted a record manufacturer and five corporations, April 24, (xi charges of pirating copyrighted tape recordings. Atty. Gen. Richard Kleindienst said a indictment was in U.S. District Court, returned against Herbert Speedy Newman, 52, of Albuquerque, a manufacturer of sound recordings. Also indicted were Copyrite Recording, Inc., Crown Stars, Inc., and Stars, Inc., all of Albuquerque, and all of which manufacture sound nt Voting Machine Firm Charged or sell electronic equipment related to the sound recordings With Bribery ' The indictment listed a total of BUFFALO, N.Y. (UPI)-T- he $24,918.05 salt in checks from AVM manufacmachine to Precision S & M, Inc., which is run largest voting turer in the world has been indicted fay H. Murray Claycomb, 41, Cavins on charges of bribing a former and a total of $5,573.98 in Arkansas county election official to checks from Precision S & M and insure the sale of its machines. Claycomb to Cavin son-in-la- The and president w, former executive vice president of the Automatic Voting Machine Corp. (AVM) of Jamestown, N.Y., were charged in the indictment, along with the former election official, an Arkansas businessman and the firm inhe operates. Hie in U.S. dictment was returned NEW YORK (UPI) Former District Court, April 24. Chief has Warren Earl Justice Charges ranged from conspiring to new criticized a a create to bribe stockholders to mail fraud proposal to court filter cases for the Supreme to statements the and falsifying securities and exchange com- Court. He said such a plan would the capacity of the jeopardize mission. to maintain the Court Supreme According, to the indictment, document . . Constitution a as living Wylie Cavin, Sr., 62, as head of the l Pulaski County elections board in The public faith in the court and Little Rock, Ark., would insure that esteem in which it .is held, the AVM machines were purchased by Warren said, rest in large part the county. upon the knowledge that the court is always there to right the major wrongs that do occur within our legal system and to advance and protect our precious constitutional liberties and privileges." Warren spoke at the Association of the Bar of the CSty in Manhattan. Warren made his first public comment on a proposal released in December 1972 by a study group O appointed by Chid Justice Warren A E. Burger. WASHINGTON Pennsylvania distrid' attorney ha taken issue with UtrChkljf j>igfr and said "plea : bargaining ' is the Critical of five-cou- Court Plan - nt 'No Bargain Says Lawyer Of Plea P,act . 20th Century version torture of fh4f.panish Inquisition. Arlen Of-jlf- . rack-and-thu- e x Specter, Philadelphia District Attorney who was assistaht counsel on the Warren Commissieh which studied the assassination bf President Kennedy, said, bargained plea is really no bargain. Specter told a House Crime Committee he opposed the practice of allowing a suspect to plead guilt to a lesser crime in order to gain ar. easy conviction. He noted chief Justice Warren Burger issued a decision last year in which he said plea bargaining is an essential component of the administration oif Justice. Properly administered, it is to be en- couraged." Specter replied, "I submit to you, respectfully, that Chief Justice Buiger is wrong and the system is wrong which clings to life through the artificial respiration of plea bargaining." Class Action TUESDAY, MAY 8, 1973 recording business. Also indicted were H&N Contracting, Inc., and H&N Tape Co., Inc., both of Fresno, Calif. The Department said it was the first indictment against a pirating firm in a business which has become popular in recent years. The indictment charged that the defendants produced unauthorized copies of 48 differentia pe recordings of different records produced by legitimate recording companies and registered for copyright protection - WASHINGTON (UPI) The nation's major airlines have been told to map a plan of action to meet any possible fuel shortage, Civil Aeronautics Board Chairman Robert Timm said, April 24. In his first major speech since assuming the chairmanship of the CAB earlier this year, Timm also indicated support for cutbacks in , competing airline flights as a way of conserving fuel. Appointing N.Y. Judges Favored n DrtrJnfnl lsr Dy 0CIcTcl ICl In a move to "improve the process by which New York judges are selected," Gov. Nelson Rockefeller has proposed that members of the State Supreme Court and the Court of Appeals be appointed to their posts instead of elected by the voters, At the same time, he called for a possible increase in the number of Appellate Division justices. Rockefeller in a memorandum ALBANY (UPI) supporting his plan, said apof with the Library Congress pointments would remove the copyright office. Newman and the corporations were charged under the recently enacted bill which provides that sound recordings, previously unprotected under federal copyright laws, can be protected when a sound recording is finally fixed, that is, put into a master from which reproductions can be made and published with the required notice of copyright effective, Feb. 15, 1972. Indiana Bar Honors POWs On Law Day selection process for these courts from a political arena whose hard-fougbattles are often not in keeping with the dignity. of the ht judiciary." Under the proposal, the governor, who would appoint the members would submit the names of prospective - legal weapon the class action lawsuit. The Court of Appeals, acting in a $120 million treble damages class action suit brought by a man who said he was overcharged $70 on a order for stock, ruled $259 odd-lof class action lawsuits filers that must bear the expense of notifying every one of the thousands of persons on whose behalf they are suing. This could run to initial cash outlays of such huge sums that attorneys who spttialize in class actions could not afford to lav out the costs. ot a screening panel judges, lawyers and laymen. The actual composition of the panel was not contained in proposed legislation but was envisioned" to have between ten and 20 members. The bill also opens the door for an increase in die number of judges who would serve in the Appellate Divisions of the Supreme Court. The law presently provides for seven; justices in each of the first and second departments, and five justices in the remaining depart- - Bar Association's 1973 Liberty Bell than five nor more than fifteen in Award, presented at a Law Day each department, as the legislature shall determine." banquet here, May 1. SUPBEME C0UBT OF THE UNITED STATES Syllabus TOLLETT, WARDEN A three-judg- e NEW YORK (UPI) federal court in New York has dealt a blow to an important public to CERTIORARI No. 72-0- TO 5. v. HENDERSON THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Argued February 20, 1973 Decided April 17. 1973 Where a state criminal defendant, on advice of counsel, pleads guilty he cannot in a federal habeas corpus proceeding raise independent claims relating to the deprivation of constitutional rights that antedated the plea, Brady v. United States, 397 U. S. 742, such as infirmities in the grand jury selection process, but may only attack the voluntary and intelligent character of the guilty plea by showing that counsels advice was not within the standards of McMann v. Richardson, 397 U. S. 759. Pp. 459 F. 2d 237, reversed and remanded. 4-- 11. Rehnquist, J., delivered the opinion of the Court, in which Burger, C. J., and Stewart, White, Blackmon, and Powell, JJ., joined. Marshall, J., filed a dissenting opinion, in which Douglas and Bradman, JJ. ipined. existing reduction capacity agreements due to expire this month. The agreement would limit the number of flights on competing transcontinental routes. Last summer the board said the agreements should not be extended beyond this month, claiming they bordered on possible antitrust violations. The Justice Department also opposed the pacts. But Timm, in a speech to the Aero Club of Washington. D.C., said in 1971 the airlines used 10 billion gallons of fuel. A capacity agreement could mean a saving of 10 per cent or one billion gallons of fuel, he said. Timm pointed out that some airline suffered fuel shortages last summer and if such shortage! arise again we must be prepared tc deal with them. I am beginning to mail letters to those airlines which provide the most flights and carry the most passengers out of the top 22 airports," in the nation, he said. Timm said the airlines were told to prepare a plan of action in the event a fuel shortage develops at any of the airports. The airports involved are in Atlanta, New Orleans, Houston, Boston, Miami, New York, Newark, D.C., Washington,1 Chicago, Cleveland, Denver, Los Angeles, iSan Francisco, Seattle, Dallas, Detroit, Kansas City, Mo., St. Louis, Mo., Las Vegas, Minneapolis, Philadelphia and Pittsburgh. of ments. INDIANAPOLIS (ACCN) Indi anas returned prisoners of war Rockefellers proposal would were recipients of the Indiana State change the law to authorize not less Suits Dealt Blow by Court appointees The board issued an order to allow American, Trans World, and United to hold talks on extension of their Press Said Not Target of ft NPPTPPV vvwl vwj i I 2Av I.C1 V WASHINGTON (UPI) The Justice Department denied Wed- nesday that the administration's proposed revision of criminal laws governing the dissemination of classified government information was equivalent to a national secrecy act. Kevin T. Monroney; a deputy assistant Attorney General within the Justice Department's Criminal Division, told the Senate Judiciary Subcommittee on Criminal Laws that changes in the law governing classified documents was aimed at "a limited number of government employees or persons cleared by the government who are entrusted with such documents. The proposed new law governing classified data is part of the administrations recodification of the nations criminal laws which Congress is considering. . Monroney agreed with Sen. Roman Hruska, acting chairman of the subcommittee, who said critics of the proposed laws were wrong in labeling the measure a national secrecy act." Critics have charged that it was meant to punish ftportiers for disclosing any governttterit information. Monroney said the provision was not meant to restrict the work of R-Ne- reporters |