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Polygamous family launches challenge of Utah law
Court Watch | 2011/12/20 10:24
Reality TV stars Kody Brown and his four wives say they just want one thing: to be left alone.

As authorities investigate them for bigamy, the TLC "Sister Wives" family is asking a federal judge to overturn part of Utah's bigamy law because it bans them from living together and criminalizes sexual relationships between unmarried consenting adults.

"What they are asking for is the right to structure their own lives, their own family, according to their faith and their beliefs," said Jonathan Turley, their attorney, adding that the lawsuit is about privacy — not polygamy.

The case in federal court in Utah, however, could open up the possibility that a way of life for tens of thousands of self-described Mormon fundamentalists could be decriminalized.

While all states outlaw bigamy, some like Utah have laws that both prohibit having more than one marriage license at a time and also ban adults from living together and having a sexual relationship.

The latter provision could include same-sex couples, unmarried heterosexual couples and those, like the Browns, who do not have licenses but have created within their homes a marriage-like relationship.


Gingrich assails judges as he courts conservatives
Court News | 2011/12/20 10:24
As he works to rev up his conservative base in Iowa with just two weeks to go until the state's caucuses, Newt Gingrich is launching a full-throated assault on a reliable GOP target: judges.

There is little love for the judicial branch among the Republicans seeking the White House. But Gingrich's ridicule has been, by far, the sharpest and the loudest. And it's taken a central role as his campaign struggles to stay atop polls in Iowa, a state where irate social conservatives ousted three judges who legalized same-sex marriage.

"I commend the people of Iowa for sending a strong signal that when judges overreach that they can find a new job," Gingrich told about 200 supporters who turned out to hear him speak in Davenport, Iowa, on Monday.

Gingrich has suggested that judges who issue what he termed "radical" rulings out of step with mainstream American values should be subpoenaed before Congress to explain themselves before facing possible impeachment. As president, he said, he'd consider dispatching U.S. marshals to round up judges who refuse to show voluntarily. In extreme cases, whole courts could be eliminated.

In the final debate before voters weigh in at the Jan. 3 Iowa caucuses, Gingrich called the courts "grotesquely dictatorial." He cast the fight in stark religious terms reminiscent of the culture wars, in which a secular, legal elite was encroaching on religious liberties.

The targets of Gingrich's strongest derision: the West Coast's 9th U.S. Circuit Court of Appeals, a perennial punching bag for the right, and a federal judge in Texas who banned prayer in a public school.



Ind. appeals court upholds man's 60-year sentence
Headline Legal News | 2011/12/19 11:27
The Indiana Court of Appeals has upheld a southern Indiana man's 60-year prison sentence for beating his girlfriend to death with a crowbar.

The Princeton Daily Clarion reports the court ruled Thursday that 68-year-old Robert P. Spangler's sentence was "not inappropriate" despite his mental illness, remorse in the killing and lack of a prior criminal history.

Spangler was sentenced this summer in Gibson Circuit Court to 60 years after pleading guilty but mentally ill to murder in Pat Heichelbach's November 2010 killing. Spangler's attorney argued for a 45-year term.

Spangler admitted beating Heichelbech with a crowbar at his Fort Branch home in November 2010.

Heichelbech's daughter, Sherry Heichelbech, testified at Spangler's sentence that he "should never be allowed to walk among good and decent people again."


Calif. company due in court for Colo. fire deaths
Headline Legal News | 2011/12/19 11:27
A California specialty painting company is expected to plead guilty in the 2007 deaths of five workers at a Colorado power plant, in the rare prosecution of a company.

RPI Coatings Inc. of Santa Fe Springs, Calif., is expected to plead guilty Monday to five misdemeanor counts of workplace safety violations resulting in death.

During a court hearing earlier this month, Assistant U.S. Attorney Jaime Pena said the company likely would pay a substantial compensation to the victims' survivors as part of a plea deal.

The workers died after a fire broke out inside a pipeline at Xcel Energy's Cabin Creek hydroelectric plant near Georgetown, Colo., about 40 miles west of Denver.

A jury in June acquitted Minneapolis-based Xcel Energy Inc., which owns the power plant, of all criminal charges. The company has paid millions in compensation to the families.



Saab files for bankruptcy after Chinese deal fails
Court Watch | 2011/12/19 11:27
Saab Automobile filed for bankruptcy on Monday, giving up a desperate struggle to stay in business after previous owner General Motors Co. blocked takeover attempts by Chinese investors.

Saab CEO Victor Muller personally handed in the bankruptcy application to a court in southwestern Sweden, ending his two-year effort to revive the carmaker that over more than six decades has become known for its rounded sedans and quirky design features.

The Dutch entrepreneur told reporters he had to pull the plug after GM, which still owns some technology licenses for Saab, rejected a last-ditch financing plan involving a Chinese company.

"That basically was the last nail in the coffin of this beautiful company," Muller said in webcast news conference at the Saab plant in Trollhattan, southwestern Sweden.

The Vanersborg District Court was expected to approve the application later Monday.

"This is the most unwelcome Christmas gift I could have imagined," said Fredrik Almqvist, 36, who has worked at Saab's assembly line for nearly 17 years.

While experts say the company is likely to be chopped up and sold in parts, local officials in the town of Trollhattan, where Saab employs more than 3,000 people, were holding out hope that a new buyer would emerge to salvage the brand.


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