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Show r-i- ill r i fc t WESTERN AMERrCAKA ft SALT LAKE CITY, UTAH VOLUME 17' NUMBER 123' S Utah Supreme Court Decision Lower Court Reversed UTAH SUPPORT AWARD PREVAILS OVER WASHINGTON STATE IN DIVORCE ACTION SHARON P. OGLESBY, Plaintiff and Appellant v. JOHN GILES OGLESBY, Defendant and Respondent . Trial Court: Defendants motion granted to vacate judgment for nonpayment of child support. (Utah divorce decree in 1963 awarded $200 per month support and custody of four children. Defendant moved to Washington and got behind on payments. Plaintiff action to recover resulted in Washington Court ordering $160 per month support.) Supreme Court: Reversed. "Initiating" decree in Utah was never modified, vacated or eliminated. Defendant counsel: Plaintiff counsel: Thomas R. Blonquist Michael W. Park 640 Kennecott Bldg. 99 North Main Salt Lake City, Utah Cedar City, Utah . k FRIDAY, JUNE 29, 1973 Vkissoege Pcorlor Lw PuD&dl Voodl IBy N.Y. Cowirfl the new law at the request of the New York State Association Masseurs Inc., whose members are licensed. Stecher said the law was "just too bt'oad. Under the definition of the law, any human contact more intimate than a handshake fell within its jurisdiction. he said the As a result whirlpool bath in the YMCA, the locker room at Yankee Stadium, the office of the physician, chiropractor, or podiatrist are each transferred by this statute into a massage parlor which must procure a license. Steve Isenberg, Mayor Lindsays fcsj chief of staff, said There will be no relaxation of the citys vigorous enforcement of the law. The judge noted failure to obtain Norman Counsel Corporation the necessary license could result in Redlich said the appeal would stay the effect of the court's decision An a jail sentence of 90 days of a $500 b MILWAUKEE (ACCN) fine. d pending the final outcome of the analysis of two recent and The potential for abuse under action. California decisions in the The judge granted a temporary area of strict liability is presented in this law is substantial, Stecher injunction against enforcement of the current issue of the Defense said. ResearchInstitutes (DRI's) monthly newsletter, For the Dfense. e In the article, DRI collision was not the intended use of Assistant Research Director Donald the vehicle, the manufacturer Girl Friend J. Hirsch examines the cases of should consider collisions as ocCronin y. J.B.E. Olson Corp., 501 reasonably foreseeable law Also Held P2d 1153 (1972) and Luque v. currences. The author then turns to a conMcLfean, 501 P2d 1163 (1972). Both On Back of the sideration of the Luque decision, decisions offer interpretations strict liability doctrine, one per- involving the issue of assumption of NEW YORK (UPI police taining to the element of risk. The plaintiff was injured while arrested Joseph Rizzo, who was and the operating a rotary mower when he unreasonable danger wanted on 1,050 outstanding ped- other focusing on the defense of stooped to pick up an object, in his dling summonses, his girl friend assumption of risk. path and slipped cm the grass, came down to the station house to In the Cronin case, the plaintiff causing his hand to slide into an offer solace or something. was the driver of a bread delivery unguarded hole in the front of the Officers said the girl, Mary Luca, truck who was seriously injured machine. He brought an action on was arrested when they discovered when the hasp designed to hold the the basis of strict liability, but did that she, too, was wanted on out- bread trays in place broke during a not establish that he was unaware of standing scofflaw warrants. collision. He alleged that the the potential hazard or that he was A department spokesman said no defendant had designed and harmed by a hidden defect. The figure was immediately available on manufactured a vehicle unsafe for court held that the obviousness of a the number of warrants Miss Luca its intended purpose, based on the potential danger was relevant, but had allegedly ignored. fact that the hasp had not withstood not necessarily decisive, and did not the impact of the collision. The court preclude a finding that the product concurred, noting that, although a was defective. NEW YORK (UPI) The New York State Supreme Court has knocked out the city's recently enacted massage parlor law, saying it was so broad "any human contact more intimate than a handshake, becomes illegal. The law, aimed at closing down massage parlors which front for illegal prostitution rings in the city, was declared invalid by Justice Martin Stecher, June 14. The city announced that it will appeal the decision. DRI Researcher Analyzes 2 Key Coast Rulings - highly-publicize- - See details page A two-pag- Visiting.. Slander Suit Against Hughes Nearer Trial Scoff Summonses - named person as a no good, dishonest son of a bitch who "stole me blind. Dietrich, who headed Hughes' financial empire until the two had a him 1972 a falling out in 1957, demanded $1 defaming during million in . compensation damages news conference. telephone Superior Court Judge Norman R. and $50 million in punitive and Dowds dismissed, June 15, a cross- exemplary damages. The man who replaced Dietrich as complaint to the suit filed by the old man in Nevada, Tool now known Co., as Hughes Hughes right-han- d Summa Corp. Robert Maheu, also has filed a libel Dietrichs suit stemmed from a and slander suit against Hughes telephone news conference con- stemming from the telephone news vened by Hughes to debimk the conference. Maheus$17.5 million suit cites the bogus Clifford Irving "Biography of the recluse indu$trailist. fame statement by Hughes as ' Dietrich, whose own biography of Dietrich did as the basis for the suit. Maheu also had a falling out with Hughes, was the basis for Irvings book, contended he was slandprori Hughes and was fired by the when Hughes referred to an un billionaire in 1970.- LOS ANGELES (UPI) A judge has cleared the way for trial, of a $51 e million slander suit filed by Howard Hughes aide Noah Dietrich, who accuses his former boss of , one-tim- ' 1 SUPBEME C0UBT OF THE UNITED STATES Syllabus No. 72-53- 23. Decided May 29, 1973 Petitioner, an Indian, was convicted of assault with intent to commit serious bodily injury on an Indian reservation, a federal crime under the Major Crimes Act of 1885, after the court refused to instruct the jury on the offense of simple assault. The Court of Appeals affirmed on the ground that since simple assault is not one of the offenses enumerated in the Act, it would be exclusively a matter for the tribe. Held: An Indian prosecuted in federal court under the Act is entitled to a jury instruction on offenses, if the facts warrant. Such an instruction would not expand the reach of the Act or permit the Government to infringe the residual jurisdiction of the Indian tribes by bringing in federal court prosecutions not authorized by statute. lesser-indud- ; ed lesser-indud- ed ! r Pp. 459 F. 2d 757, reversed and remanded. i; 4 3-- 10. i Brennan, J., ddivered the opinion of the Court, in which Burger, C. J., and Douglas, White, Marshall, and Blackmun, JJ., joined. Stewart, J., filed a dissenting opinion, in which Powell and Rehn-quis- t, JJ., joined. r- r i, p U . New York Judge Lawmakers Mail Privilege Primary Spurs Abuse Guilt Upheld - WASHINGTON (UPI) The denied Court has a Supreme hearing to Rep. Frank Annunzio, The chairman found by lower courts to have imALBANY (UPI) of the New York State Senate properly used his franking privilege judiciary committee, Peekskill during the 1972 election. The brief order left standing Republican Bernard G. Gordon, said that die recent primary election for rulings against Annunzio by U.S. chief judge of the Court of Appeals District Judge Philip W. Tone of demonstrates the need for his Chicago and by the 7th U.S. Circuit proposal to make the appeals Court of Appeals. Annunzio had been representing judgeships appointed positions. Gordon said that his proposal the 7th Illinois District in Congress would give the governor the power to but success hilly ran for election in appoint judges to the coirt, subject the hew 11th district in November to confirmation by the Senate. against John J. Hoellen, the The proposed amendment to the Republican candidate. Hoellen sued state constitution would set up a because of a mailing by Annunzio, in system comparable to that by franked (postage free) envelopes, of the meaning of the law allowing Congressmen free mail service. The Circuit Court affirmed, rejecting Annunzios argument he was protected by the section of the Constitution which says members of Congress shall not be questioned 'from outside in connection with any speech or debate in Congress. D-Il- l., TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Argued March 27, 1973 When Appointive Bill ' KEEBLE v. UNITED STATES CERTIORARI . . which the Justices of the U.S. Supreme Court are nominated anc confirmed, he said. Ten days after the Democratic' primary for chief judge, the couni showed Manhattan trial lawyei Jacob D. Fuchsberg with only a few hundred vote lead over U.S. District ' Court Judge Jack B. Weinstein. Gordon said the primary contest was "long, acrimonious, far toe costly and, as yet not finally set tied. He said it was a rathei disgraceful scramble for votes. 134,000 printed ;Gallo Slain on Peace Turndown, i Informer Says - questionnaries NEW YORK (UPI) The former for bodyguard reputed crime leader Joseph Colombo testified, June 20, that Joseph Crazy Joe Gallo was gunned down in a Little Italy fish asking for opinions on various public issues. About 34,000 were mailed to his constituents in the 7th District but the rest were addressed to persons in the 11th District Tone found that the 11th District mailings could not be viewed as an effort by Annunzio to inform himself but were solely for I restaurant here last year because he refused a $100,000 peace offer. Joseph Luparelli, who is now cooperating with the government, told a Manhattan court the peace the purpose of advancing his can- offer was made, in an effort to didacy. prevent a war between fee two Tone concluded the mailing was crime families, just after Gallo was not "upon official business within release from prison in 1971. . . H t I . "' . j. |
