OCR Text |
Show forialt. Pr.l.r )., JtU, University of Ut?h fait LeCity, litih F. In Murray Utah Supreme Court Decision Capsule Grand Larceny Case CRIMINAL INTENT BY CONDUCT AND CIRCUMSTANCES RATHER THAN EXPRESSIONS OF INTENT HABEAS CORPUS PETITION DENIED BOONE v. TURNER, Prison Warden Plaintiff counsel: Salt Lake Legal Defenders Appeal Frivolous AUTO HOMICIDE CONVICTION AFFIRMED Supreme Court: "In our opinion a letter from appellants counsel saying he conscientiously had no argument to advance would have been more impressive and respected than a fabricated meritless brief Anders v. California . . . counsel wrote and filed a brief . . . effect that a lawyer, whose integrity and capabilities were unquestioned in that case, was not allowed to confess or report to an appellate court that he had not meritorious case. See details page 4. Vegas 1,000 Doctors, Lawyers To Attend Medicolegal Symposium ABA Dr. Edmund C 'thousand LXSEfcfASifr (foc-h- e tors and lawyers will meet here this week to discuss issues and problems common to both professions. . They will be attending the 1973 National Medicolegal Symposium, sponsored jointly by the American Bar Association and the American ' 1 Leading authorities from both professions and officials of the ABA and AM A will address the group. . Speakers include: Doctors C.A. Hoffman and Russell B. Roth, president and president-elec- t of the AM A; Chesterfield Smith, president-elec- t of Suit Against HUD On Sale Of Defective Homes9 Detroit (DPI) A $65 million class action suit was filed this week against the Deiiartment of Housing and Urban Development, alleging the federal ageincy sold substandard, defective homes' to thousands of families. Definite Action The Legal Aid and Defenders Association, filing its suit in U.S. District Court before Judge Cornelia Kennedy, Raid for the first time a suit against HUD was demanding a definite affirmative action program. The suit asked the court to force. HUD to develop a plan to abide by local health and safety codes within 60 days of judgment. It also asked for Immediate relief for families whose homes have been demolished because of defects. Persons choosing to remain In their homes should be reimbursed for damages Incurred from the breach of contract up to $10,000, low-inco- , he said. HUD officials havent carried out their duty in Detroit, said Thomas C. Carey, attorney for the plaintiffs. They have been aware of the problem for the last three years and have taken few Htejis to correct It. The suit claimed that homes bought under Federal Housing Administration fFHA) low Income pureluisi programs were Insured despite their need for Immediate reimlr and rehabilitation. . Casey, National Medical Association: and former New Jersey presidet, Governor Richard J. Hughes, chairman of the ABA Commission on Correctional Facilities and Services. Medical Association. Sessions will be held Friday through Sunday (March in the Las Vegas Hilton. Discussion topics will include health care delivery systems, penal reform and medical care for prisoners, standards of conduct for .doctors and lawyers, a critique of the report of the Commission on Medical Malpractice, and the use of computers in law and medicine 23-25- By Daniel K. Cunningham Daily Record Columnist SALT LAKE CITY, UTAH A consumer fraud complaint filed against a Murray auto dealer apparently prompted about a dozen other Utahns to report possible consumer code violations to the attorney office last week. The complaint, filed in Third Dis-triCourt, stated that 'Pioneer Dodge Center, fine, and Wayne fSchoenfield had Mr. Cunningham violated consumer protection laws. When the complaint received publicity, about a dozen citizens reported similar incidents to the attorney generals office, according to Clyde C. Pearce Jr., assistant attorney general. This is typical,' reported Mr. Pearce- - People harboring a complaint against someone are motivated to contact us when they see Mr. similar incidents publicized. learce said some of the other complaints apparently mentioned other auto dealers, however the office has not had time yet to determine the s. . merits of these additional allega-:iongen-jera- ls UTAH v. ROMANO In Los Consumer Fraud Complaint Filed Against Auto Dealer Legal Briefs Insurance Company Denies Liability WHAT HAPPENED? Immediate Insurance Coverage, the brochure promised. Dont delay even one day, continued the ad. If you need insurance, you need it now. Fritz needed insurance, so ne kept reading the brochure he had received in the mail. He filled out the application for accident and life insurance coverage and mailed it to the company. Two days later, tragedy struck Fritz was killed in a car accident. The next day, the company received his application and mailed back a form officially issuing the policy. After the funeral, Fritz's widow tried to claim $50,000 in death benefits under the policy. Sorry," said the insurance company agent, "but he wasnt covered at toe time of death. An insurance contract is never binding until the company accepts the application and issues a policy. Although Fritz applied for insurance, it was accepted too late for him to be covered. But your brochure was misleading, argued the widows lawyer. It promised immediate coverage, so the courts should enforce the insurance contract to mean what it said. WHO WON? The widow collects the $50,000 claim because toe brochure led Fritz to believe that he was covered as soon as he mailed toe application. Usually, an insurance contract isnt in force until the company accepts the application, said the But where the company Judge. solicits through the mail with a brochure that promises immediate coverage, a different rule of law exists. The applicant is covered when he ordinarily would think he was. Here, it was reasonable . for Fritz to assume that he was covered when he placed the epplica-tio- n in the mail. (Based on a recent federal case In Texas as retold by John Ritter and Paul Levine of the University of Miami School of Law.) ct of consumer credit sales law in that Pioneer Dodge would reach an oral agreement as to monthly payments with a debtor, then increase the monthly installments when executing a written consumer credit agreement. One-pa- y Contracts Defendants have required debtors to sign one-pa- y contracts, in addition to installment contracts, which require the debtor to pay the whole contract amount within three days unless financing is obtained. "Defendants have used the one-pa- y contract as an unconscionable means of inducing the debtors to sign toe installment contract, for if the debtor does not agree to increased monthly payments, the defendants threaten to enforce the contract. The complaint also cited attempts to defraud the consumers of Utah fortune cookie by operating a contest. Fortune Cookies In this contest, the complaint alleged, the major advertised prizes were a color television set, dishwasher or dryer. However the cookies containing the slips for these prizes were withheld from the contest barrell until after the contest was over, then placed in the barrell so as to avoid any of a potential state investigation. The complaint further alleged that Pioneer Dodge advertised free gifts, such as chicken, Christmas trees and silver dollar key chains for taking a demonstration ride in one of the defendants vehicles. Bait and Switch But in many instances defendants have refused to award such prizes. To put off customers requesting such prizes, Pioneer Dodge reportedly would tell consumers to return at & later date or would be embarrassed or verbally abused for New York First National City insisting on toe gift. Corp. said it completed previously It was also alleged that the deannounced merger pacts with two bait and would use fendant upstate New York banks. One vein which switch Cenadvertising, of Bank bank, Central Valley hicles offered at discount prices tral Valley, will be known as CitiNational Aswere often either not available at bank second. The and the all or available only at a higher sociation, Oriskany Falls Bank of Oriskany price. Falls, will hereafter be called National Citibank Central Association. one-pa- y con-squenc- es Mid-Huds- Cites Violations In the Pioneer Dodge case, Mr. Schoenfield reportedly told newsmen that the complaint was instigated by a former employee. The complaint filed against Pioneer Dodge, a Murray auto dealer doing business at 5716 South State, cited several allegations. The complaint alleged violations Discount Fabrics Inc. has Initiated talks for the proposed purchase of Home Yardage Inc., a San Francisco based retail fabric chain. Terms were not revealed. Portland, Ore. SUPREME COURT OF THE UNITED STATES v McGinnis, commissioner of correction OF NEW YORK, et al. v. ROYSTER et al. APPEAL FROM THE UNITED STATES DISTRICT COURT THE SOUTHERN DISTRICT OF NEW YORK Argued December 11, 1972 71-7- 18. FOR Decided February 21, 1973 Appellees challenge as violative of equal protection 230 (3) of the New York Correction Law, which denies certain state prisoners credit toward parole eligibility for the period of their good-tim- e presentence county jail incarceration, whereas those released on bail prior to sentence received under the statute full allowance of good-tim- e credit for the entire period of their prison confinement. District Court, viewing the good-tim- e A three-judstatutory scheme as primarily aimed at fostering prison discipline, upheld appellees claim on the basis that there is no rational basis for ge defendants in the statutory distinction between jail and non-ja- il credit. Held: Under the New York scheme awarding good-tun- e credit takes into account a prisoners performance under the program of rehabilitation that is fostered under the state prison system, but not in the county jails, which serve primarily as detention centers. Since the jails have no significant rehabilitation program, a rational basis exists for declining to period; and credit for the pretrial give good-tim- e the statute will be sustained even if fostering rehabilitation was not necessarily the primary legislative objective, cf. South Carolina v. Katzenbach, 383 U. S. 301, 331; Dandridge v. Williams, 397 U. S. 471,486. Pp. 4. 332 F. Supp. 973, reversed. good-tim- Thursdays game between Golden Eagles and Phoenix in the Salt Palace is a the Road-runne- rs BIG- GIE. Both clubs are idle until the Thursday confrontation, and when they finally do take the ice for the 7:30 faceoff, theyll be deadlocked with 76 points apiece after having each played 66 games. Fhe however, have an edge in victories, three more than the Golden Eagles (34-3and should both teams finish the campaign deadlocked into total points, the club with the better wins record would be declared the winner. Going into Thursdays game, the Roadrunners hoi dthe seasonal edge e The advantage was obtained by Phoenix in their most recent visit to the Palace. The Roadrunners have excellent balance vs. Salt Lake. Five players have 4 or more goals (Gofton 7, Liesemer 5, Barlow 4, Heatley 4, Meeke 4). Heatley leads the scoring parade vs. S.L. with 16 points (4 goals, 12 assists. Pesky Andy Hinse has 13 points For Salt Lake, both Pete Vipond and Ron Huston have 8 goals. d souvenir hockey sticks will be on hand for the youngsters, who must turn in a Wheaties box top when the childs ticket is purchased at the box office. At toe time of the purchase (and turning in the box top) a gold vouchers will be issued, and this voucher must be turned in FOLLOWING THE GAME to obtain the souvenir stick. Gulls Here Saturday While the Salt fracas is on everyones mind, the Eagles have another date Saturday when they host the San Diego Gulls. Last Friday the Gulls claimed a 4 victory over S.L., and going into this week the Gulls trailed the Eagles by just 9 points. The ambitious Gulls have their eyes set on better than third place. Road-runner- s, Syllabus No. Hockey News e jail-detenti- on 5-1- 1) -2. one-gam- (3-1- Two-thousan- Lake-Phoen- ix super-importa- 5-- Powell, J., delivered the opinion of the Court, in which Burger, C. J., and Brennan, Stewart, White, Blackmun, and Rehn-quis- t, J.I., joined. Douglas, J., filed a dissenting opinion, in which Marshall, J., joined. nt |