Thursday, June 09, 2005
Utah Governor De Jure Jailed
Utah Supreme Court says authority is de facto.
West Valley City Case No. C 04 06941
Utah Supreme Court Case No. 20050475-SC
On June 7, 2005, in a West Valley City Municipal Unofficial Justice court, after being denied a jury trial or witnesses on his behalf, Keith L Stoney, Unofficial Justice, sentenced Thomas B. Ginter to ten days in jail, denied his motion of appeal, subpoenas, a trial de novo, confiscated his property, and sent him to jail, in violation of all the provisions of Article I Section 12 of the Utah Constitution.
Lawrence Rey Topham, acting Governor of the State of Utah, under martial law, was then summoned to the bench by Unofficial Justice Stoney, held in contempt, sentenced to five days in jail for disobeying his Unofficial order not to practice law, and was taken to jail for helping Thomas B. Ginter prepare his defense.
A response in opposition to the petitioners writ of prohibition by the Attorney Generals office, in the Utah Supreme Court, cites State of Utah v. Sawyers, 819 P.2d 806 (Utah 1991) stating that The Court held that under the de facto doctrine, the acts of one who assumes official authority and exercises duties under color of a valid appointment or election are valid where the community acquiesces to his authority.
West Valley City Case No. C 04 06941
Utah Supreme Court Case No. 20050475-SC
On June 7, 2005, in a West Valley City Municipal Unofficial Justice court, after being denied a jury trial or witnesses on his behalf, Keith L Stoney, Unofficial Justice, sentenced Thomas B. Ginter to ten days in jail, denied his motion of appeal, subpoenas, a trial de novo, confiscated his property, and sent him to jail, in violation of all the provisions of Article I Section 12 of the Utah Constitution.
Lawrence Rey Topham, acting Governor of the State of Utah, under martial law, was then summoned to the bench by Unofficial Justice Stoney, held in contempt, sentenced to five days in jail for disobeying his Unofficial order not to practice law, and was taken to jail for helping Thomas B. Ginter prepare his defense.
A response in opposition to the petitioners writ of prohibition by the Attorney Generals office, in the Utah Supreme Court, cites State of Utah v. Sawyers, 819 P.2d 806 (Utah 1991) stating that The Court held that under the de facto doctrine, the acts of one who assumes official authority and exercises duties under color of a valid appointment or election are valid where the community acquiesces to his authority.