| Utah
Court of Appeals to convene in Logan Oct. 30
By Rebekah Bradway
October 11, 2006 | Former Associated Students of USU
(ASUSU) President Quinn Millet filed an appeal that
will be heard by the Utah Court of Appeals in Logan
Monday, Oct. 30.
The court is coming to Logan for the first time in
over 10 years to hear Millet's appeal as well as a convicted
murderer's.
"Both these cases originated in this jurisdiction,"
First District Clerk of Court Sheryl Morris said. "It
might be more useful for this citizenry."
Millet, ASUSU president for the 2005-2006 school year,
first filed a lawsuit against Cache Auto Booting Service,
D's Bridgerland Apartments and Logan City after the
booting service placed an immobilization device on his
vehicle's wheel. According to the case summary, "Millet
alleged that a Logan City ordinance pertaining to the
practice of booting violated his right of due process
under the United States and Utah Constitutions, and
violated his civil rights under federal statute."
Millet's original complaint sought to enjoin Logan
City from enforcing a city ordinance that was passed
in response to complaints about the booting service,
as well as compensatory damages of $50, the price to
get the immobilization device removed.
The trial court dismissed the complaint, and Millet
is now challenging the dismissal. According to the case
summary, Millet asserted he was "deprived of due
process of law when he was not provided notice and an
opportunity to be heard before his vehicle was immobilized."
The appellate court will also hear the appeal of Tamara
Rhinehart, a convicted murderer who is serving a life
sentence in prison. Rhinehart was convicted of burglary
and theft in January 2005, and according to the case
summary, she argues that "her constitutional rights
were violated when the trial court admitted hearsay
at her preliminary hearing in violation of her right
to confront and cross-examine witnesses."
The summary also states that Rhinehart says the hearsay
evidence at the preliminary hearing was unreliable,
and challenges the trial courts decision to "allow
the prosecution to proceed to trial in this matter before
trying her on the related homicide charge."
The Utah Court of Appeals panel, Carolyn McHugh, Judith
Billings and Pamela Greenwood, will begin hearing these
cases at 10:30 a.m. Special invitations have been sent
to schools and USU, Morris said.
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