Archive for May 2007

Judge Tena Campbell – Sentencing in child porn case

May 30, 2007

Judge Tena Campbell sentenced Charles Granere to 60 months in federal prison after previously pleading guilty to transportation of child pornography.

Granere and Matthew Duhamel were charged with transporting, receiving and possessing child pornography for the site, which court documents said featured 9- and 10-year-old girls dressed in sexually provocative and skimpy clothing.

Both men previously argued the pictures were not pornographic because the minors were clothed. However, Judge Campbell pointed out in a ruling that the U.S. Supreme Court has determined nudity was not required to constitute pornography.

Duhamel was convicted after a bench trial in February of charges of transporting, receiving and possessing child pornography. He is scheduled to be sentenced June 19, 2007.

http://deseretnews.com/dn/view/0,1249,660224588,00.html

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Judge Tena Campbell – Woman Lawyer of the Year

May 17, 2007

The group Women Lawyers of Utah has named Judge Tena Campbell as the 2007 Christine M. Durham Woman Lawyer of the Year.  President Clinton nominated Campbell to the federal court bench in Utah in 1995 and she was confirmed unanimously by the Senate. She became chief judge of the court earlier this year.

http://www.sltrib.com/ci_5915812?source=rss

Judge Ted Stewart – Motion to Suppress denied

May 16, 2007

At approximately 3:00 a.m. on the morning of June 16, 2006, a Taylorsville police officer observed a vehicle traveling without a front or rear license plate.  Pursuant to the lack of license plates, the officer conducted a traffic stop.  As he neared the vehicle on foot, the officer realized there was a temporary tag on the back window.  However, the temporary tag was not readable as the tint on the back window was so dark, even with the officer’s vehicle headlights shining on the back window.

The officer requested the driver’s license, registration and proof of insurance.  The driver was unable to produce any of these.  The driver did give the officer his name, date of birth, but claimed he didn’t know his own social security number.  The officer became suspicious, and the driver ultimately admitted that he gave false information regarding his identity.

Pursuant to the false information, the officer arrested the driver and conducted a search of the vehicle.  Defendant requested that the evidence found in the search of the vehicle be suppressed.

Defendant claimed that when the officer realized there was a temporary tag on the back window, the officer should have let the driver go on his way, without even asking for the driver’s license, registration and proof of insurance.  In support of this position, Defendant cites McSwain v. United States and Edgerton v. United States.  29 F.3d 558, 60-61 (10th Cir. 1994); 438 F.3d 1043, 1051 (10th Cir. 2006).

As stated by Judge Stewart, “in the present case, the Court agrees that McSwain and Edgerton are distinguishable. As noted above, the Court finds the Detective’s testimony credible that in the light provided by his headlights, he could not read the temporary tag and that he could not see the presence of an individual in the back seat due to the dark tint on the windows. Because the Court has found that the tag was not legible to the Detective as he walked up to the vehicle, the Court finds that he ‘properly detained [Defendant] because he  continued to have an objectively reasonable suspicion that a traffic violation was occurring,’ namely, that the vehicle did not have a valid registration. Accordingly, the extended detention to request and check the driver’s license, proof of insurance and registration did not violate the Fourth Amendment.  Once the driver was unable to produce any of this documentation and the Detective was unable to verify any of the information that he did provide, the Detective had probable cause to suspect that he had provided false information and to arrest him. Accordingly, the Court finds and concludes that there was no Fourth Amendment violation.”

Motion to Suppress denied.

Judge Tena Campbell – Scouts settle fire suit for $6.5 million

May 16, 2007

The U.S. Attorney’s Office announced yesterday it has settled its case against the Boy Scouts of America concerning a wildfire that scorched more than 14,000 acres in the Uintah Mountains in June 2002.

Although the U.S. Attorney’s Office previously claimed the damages were in excess of $12 million, the parties ultimately settled for $6.5 million.

The best lesson learned in this case was how not to put out a fire.

http://deseretnews.com/dn/view/0,1249,660221041,00.html

http://www.ksl.com/?nid=148&sid=1225675

Proctor & Gamble case

May 8, 2007

Proctor & Gamble v. Randy L. Haugen, et al

1:95-cv-94

Judge Ted Stewart

United States District Court for the District of Utah, Northern Division

As an update to this post, the plaintiffs have filed a response.

In short, the plaintiffs state that the defendants’ “Motion for Immediate Inquiry into Possible Jury Misconduct” should be denied and the court should strike the jurors’ affidavits since: “(1) they are rife with impermissible averments revealing the jury’s deliberations and mental processes, and thus are wholly incompetent under the plain language of [Federal] Rule [of Evidence] 606(b); (2) they contradict one another and do not supply any admissible evidence establishing either a quotient verdict or reliance on extraneous prejudicial information; and (3) they are not notarized and do not qualify as declarations under federal law because they were not signed under penalty of perjury.”

Click on the following link for the the complete Memorandum in Opposition.

Possible U.S. Attorney’s Office in Southern Utah

May 8, 2007

Rep. Jim Matheson has requested funding for a U.S. Attorney’s Office in St. George.

According to the written request, “The District of Utah is the country’s largest geographic district without a satellite U.S. attorney’s office.”

http://www.sltrib.com/ci_5782847?source=rss