A jilted husband's lawsuit against a doctor accused of stealing his wife's love can proceed after a North Carolina appeals court ruled Tuesday that the husband can continue suing the spouse's lover, seeking damages.
The state Court of Appeals decision resurrects a lawsuit that a trial judge had thrown out in Forsyth County, whose seat is Winston-Salem. The judge ruled that state law violates a person's constitutional free speech and free expression rights to engage in intimate sexual activity and expression with other consenting adults.
North Carolina is one of only about a half-dozen states that still allow lawsuits accusing a cheating spouse's lover of alienation of affection and criminal conversation.
"These laws were born out of misogyny and in modern times are often used as tools for enterprising divorce lawyers seeking leverage over the other side," Judge Richard Dietz wrote in the unanimous ruling by a three-judge panel. Nevertheless, such lawsuits "are designed to prevent and remedy personal injury, and to protect the promise of monogamy that accompanies most marriage commitments."
The court said Marc Malecek filed the lawsuit after his wife, a nurse, had an affair in 2015 with Dr. Derek Williams, a physician at the hospital where the woman works. Williams challenged the laws as unconstitutional, citing a 2003 U.S. Supreme Court decision voiding a Texas law outlawing homosexual acts because liberty meant allowing adults to make their own decisions about conduct.
Williams argued that the state laws "target extra-marital intimacy or sex because the State disapproves of expressing that intimacy while married to someone else," Dietz wrote.
The largest alienation award in state history was in 2011, when a Wake County judge awarded $30 million to the former wife of a Raleigh business owner. The ex-wife had sued the businessman's current spouse.
About 200 lawsuits alleging alienation are filed each year in North Carolina, but the potential liability is raised in virtually every divorce case that involves infidelity, Raleigh divorce attorney Lisa Angel said in an interview.
"People who are suffering a divorce as a result of an affair, there's a lot of economic damage. It's not that hard to make the case, as the court is making it clear here, that there's injury to a person when this happens," Angel said.
Friday, September 8, 2017
Military parts dealer guilty in plot to steal Army equipment
A military equipment dealer was convicted Thursday of scheming with soldiers at Fort Campbell, Kentucky, to steal sensitive material for sale to buyers in Russia, China and Mexico.
John Roberts, of Clarksville, Tennessee, was found guilty of conspiracy to steal and sell government property, two counts of violating the Arms Export Control Act and 10 counts of wire fraud. Prosecutors said he faces up to five years in prison for conspiracy and up to 20 years for each count of arms export violations and wire fraud.
More than $1 million in weapons parts, body armor, helmets, gun sights and other equipment was stolen and sold in a vast black market, prosecutors said. Six soldiers and another civilian pleaded guilty. One testified that Roberts was given a tour of the base to see items to be stolen. Eventually, they brought equipment back from Afghanistan and sold it by the truckload.
John Roberts, of Clarksville, Tennessee, was found guilty of conspiracy to steal and sell government property, two counts of violating the Arms Export Control Act and 10 counts of wire fraud. Prosecutors said he faces up to five years in prison for conspiracy and up to 20 years for each count of arms export violations and wire fraud.
More than $1 million in weapons parts, body armor, helmets, gun sights and other equipment was stolen and sold in a vast black market, prosecutors said. Six soldiers and another civilian pleaded guilty. One testified that Roberts was given a tour of the base to see items to be stolen. Eventually, they brought equipment back from Afghanistan and sold it by the truckload.
Not guilty pleas entered in Lake Coeur d'Alene boat crash
A former Spokane advertising executive has pleaded not guilty to charges related to a boat crash on Lake Coeur d'Alene, Idaho, that killed three people last year.
The Spokesman-Review reports that Dennis Magner entered his pleas Friday to charges of involuntary manslaughter and criminal conspiracy.
The crash on July 30, 2016 killed 34-year-old Justin Luhr and two 21-year-old passengers, Justin Honken and Caitlin Breeze.
The three victims were struck as they sat in Luhr's anchored boat. It took several days for divers to recover their bodies.
In addition to Magner, the grand jury charged Jonathan Sweat of Spokane with criminal conspiracy based on false statements he made to investigators.
Sweat was a passenger on Magner's boat at the time of the crash.
The crash occurred when Magner's Mastercraft struck and went airborne over the top of Luhr's boat. The collision ripped the top off the cabin.
The Spokesman-Review reports that Dennis Magner entered his pleas Friday to charges of involuntary manslaughter and criminal conspiracy.
The crash on July 30, 2016 killed 34-year-old Justin Luhr and two 21-year-old passengers, Justin Honken and Caitlin Breeze.
The three victims were struck as they sat in Luhr's anchored boat. It took several days for divers to recover their bodies.
In addition to Magner, the grand jury charged Jonathan Sweat of Spokane with criminal conspiracy based on false statements he made to investigators.
Sweat was a passenger on Magner's boat at the time of the crash.
The crash occurred when Magner's Mastercraft struck and went airborne over the top of Luhr's boat. The collision ripped the top off the cabin.
Thursday, August 17, 2017
Mizzou's Howard arrested again for failing to appear in court
Missouri defensive end Nate Howard, already suspended and facing a felony drug charge, was arrested again Monday night by UMPD for an out-of-county warrant for failing to appear in court for a speeding ticket in Montgomery County.
Howard had a ticket arraignment scheduled for last Thursday in Montgomery Circuit Court for a misdemeanor speeding ticket filed March 28. Howard didn't pay the ticket for $121 or appear in court to contest the charge, according to online court records.
Howard was contacted during a traffic stop Monday when MU police discovered the warrant, MUPD Lt. Buddy Anliker said in an email.
Howard's next court date in his felony drug possession case is Aug. 24. Howard, a former All-Metro standout at Ladue High School, was arrested June 14 in Columbia on suspicion of possession of a controlled substance and suspicion of marijuana possession when police found illegal mushrooms and marijuana in the vehicle he was driving. Howard has been charged with a class D felony for possession of a controlled substance. All MU athletes charged with a felony are suspended indefinitely until their case is resolved.
Howard has not practiced with the Tigers since the spring and is not on the current 105-man roster. Howard has 15 tackles in 15 career games.
Howard had a ticket arraignment scheduled for last Thursday in Montgomery Circuit Court for a misdemeanor speeding ticket filed March 28. Howard didn't pay the ticket for $121 or appear in court to contest the charge, according to online court records.
Howard was contacted during a traffic stop Monday when MU police discovered the warrant, MUPD Lt. Buddy Anliker said in an email.
Howard's next court date in his felony drug possession case is Aug. 24. Howard, a former All-Metro standout at Ladue High School, was arrested June 14 in Columbia on suspicion of possession of a controlled substance and suspicion of marijuana possession when police found illegal mushrooms and marijuana in the vehicle he was driving. Howard has been charged with a class D felony for possession of a controlled substance. All MU athletes charged with a felony are suspended indefinitely until their case is resolved.
Howard has not practiced with the Tigers since the spring and is not on the current 105-man roster. Howard has 15 tackles in 15 career games.
Missouri Supreme Court rejects request to stop execution
The Missouri Supreme Court on Tuesday denied a motion from attorneys seeking to halt the execution of a man scheduled to die next week but did not explain its decision.
Attorneys for Marcellus Williams had asked the state Supreme Court and Gov. Eric Greitens to stop the punishment, citing DNA evidence that they say exonerates him. Williams, 48, is scheduled to die by injection Aug. 22 for fatally stabbing former St. Louis Post-Dispatch reporter Lisha Gayle in 1998 during a robbery at her University City home.
In a filing to the Missouri Supreme Court and a clemency request to the Republican governor, Williams' attorneys said testing conducted in December using techniques that were not available at the time of the killing shows DNA found on the knife matches an unknown man, but not Williams.
"That means in our mind the actual killer is not him," one of Williams' lawyers, Kent Gipson, told The Associated Press in a phone interview Tuesday ahead of the court's decision. "It certainly would give most reasonable people pause to say, 'Should you be executing somebody when you've got reasonable evidence suggesting another man did it?'"
After the ruling, Gipson told St. Louis Public Radio that he was surprised by the quick decision and planned to appeal to the U.S. Supreme Court.
"Certainly something involving a claim of innocence that is this substantial, you would think they would at least write an opinion or at least a short opinion giving the reasons why they denied it," Gipson said, "because that makes it more difficult to take it up to a higher court because they don't know exactly on what basis the ruling was made."
Loree Anne Paradise, a spokeswoman for Attorney General Josh Hawley, said the office remains confident that Williams is guilty based on other evidence in the case. Greitens' spokesman, Parker Briden, declined comment, saying only that the claim will need further review.
Attorneys for Marcellus Williams had asked the state Supreme Court and Gov. Eric Greitens to stop the punishment, citing DNA evidence that they say exonerates him. Williams, 48, is scheduled to die by injection Aug. 22 for fatally stabbing former St. Louis Post-Dispatch reporter Lisha Gayle in 1998 during a robbery at her University City home.
In a filing to the Missouri Supreme Court and a clemency request to the Republican governor, Williams' attorneys said testing conducted in December using techniques that were not available at the time of the killing shows DNA found on the knife matches an unknown man, but not Williams.
"That means in our mind the actual killer is not him," one of Williams' lawyers, Kent Gipson, told The Associated Press in a phone interview Tuesday ahead of the court's decision. "It certainly would give most reasonable people pause to say, 'Should you be executing somebody when you've got reasonable evidence suggesting another man did it?'"
After the ruling, Gipson told St. Louis Public Radio that he was surprised by the quick decision and planned to appeal to the U.S. Supreme Court.
"Certainly something involving a claim of innocence that is this substantial, you would think they would at least write an opinion or at least a short opinion giving the reasons why they denied it," Gipson said, "because that makes it more difficult to take it up to a higher court because they don't know exactly on what basis the ruling was made."
Loree Anne Paradise, a spokeswoman for Attorney General Josh Hawley, said the office remains confident that Williams is guilty based on other evidence in the case. Greitens' spokesman, Parker Briden, declined comment, saying only that the claim will need further review.
DJ says taking Taylor Swift to court was only option
The former radio host who lost a groping lawsuit to Taylor Swift in federal court this week said he realizes the case was in the pop star's favor, but he had no interest in backing down.
David Mueller told The Associated Press on Tuesday that someone he knew suggested he pull out of the case early, but he refused.
"I knew that I couldn't go on with my life without representing myself," he said. "I'm never going to back down."
A six-woman, two-man jury determined Monday that Mueller groped Swift during a photo op before a concert in Denver in 2013. In keeping with Swift's request, they awarded her $1 in damages — an amount her attorney, Douglas Baldridge, called "a single symbolic dollar, the value of which is immeasurable to all women in this situation."
Mueller said he is thinking of giving Swift a Sacagawea dollar because the Native American is a prominent female.
"I mean if this is all about women's rights. ... It's a little poke at them, a little bit," he said. "I mean, I think they made this into a publicity stunt, and this is my life."
Swift's team initially tried to keep the accusation quiet by not reporting the incident to police, and instead contacting Mueller's bosses.
But it became public when Mueller sued Swift for up to $3 million, claiming her allegation cost him his $150,000-a-year job at country station KYGO-FM, where he was a morning host.
After Mueller sued, Swift countersued for assault and battery. During an hour of testimony last week, she blasted a low-key characterization by Mueller's attorney, Gabriel McFarland, of what happened. While Mueller testified he never grabbed Swift, she insisted she was groped.
David Mueller told The Associated Press on Tuesday that someone he knew suggested he pull out of the case early, but he refused.
"I knew that I couldn't go on with my life without representing myself," he said. "I'm never going to back down."
A six-woman, two-man jury determined Monday that Mueller groped Swift during a photo op before a concert in Denver in 2013. In keeping with Swift's request, they awarded her $1 in damages — an amount her attorney, Douglas Baldridge, called "a single symbolic dollar, the value of which is immeasurable to all women in this situation."
Mueller said he is thinking of giving Swift a Sacagawea dollar because the Native American is a prominent female.
"I mean if this is all about women's rights. ... It's a little poke at them, a little bit," he said. "I mean, I think they made this into a publicity stunt, and this is my life."
Swift's team initially tried to keep the accusation quiet by not reporting the incident to police, and instead contacting Mueller's bosses.
But it became public when Mueller sued Swift for up to $3 million, claiming her allegation cost him his $150,000-a-year job at country station KYGO-FM, where he was a morning host.
After Mueller sued, Swift countersued for assault and battery. During an hour of testimony last week, she blasted a low-key characterization by Mueller's attorney, Gabriel McFarland, of what happened. While Mueller testified he never grabbed Swift, she insisted she was groped.
Wednesday, July 19, 2017
Idaho Supreme Court upholds grocery tax veto
The Idaho Supreme Court on Tuesday upheld Gov. C.L. "Butch" Otter's contentious veto of legislation repealing the state's 6 percent sales tax on groceries.
The high court's decision comes after 30 state lawmakers filed a lawsuit claiming Otter took too long to veto the grocery tax repeal because he waited longer than 10 days as outlined in the Idaho Constitution.
Otter, along with other top elected officials, countered he was just following a 1978 high court ruling that said the veto deadline only kicks after it lands on his desk. The lawsuit originally singled out Secretary of State Lawerence Denney because he verified the governor's veto. Otter was later named in the challenge at the Republican governor's request because he argued that it was his veto that sparked the lawsuit.
However, the justices disagreed with Otter. Nestled inside their 21-page ruling, the court overruled the previous 1978 decision — a rare move inside the courts due to a preference to follow prior judicial precedent— because they argued the Constitution clearly states the deadline starts when the Legislature adjourns for the year. That part of the Tuesday's decision will only apply to future legislative sessions and not the grocery tax repeal case nor any other prior vetoes.
"The 1978 decision did not interpret the Constitution; it purported to rewrite an unambiguous phrase in order to obtain a desired result," the justices wrote.
Otter's spokesman did not respond to request for comment, though Otter is currently hospitalized recovering from back surgery and an infection. Denney's office also did not return request for comment.
For many Idahoans, Tuesday's ruling won't result in changes at the grocery checkout line. They will continue paying the tax and the state won't be at risk of losing the tax revenue, which helps pay for public schools and transportation projects. Instead, it's the Idaho Legislature that will face dramatic changes when handling bills at the end of each session.
The high court's decision comes after 30 state lawmakers filed a lawsuit claiming Otter took too long to veto the grocery tax repeal because he waited longer than 10 days as outlined in the Idaho Constitution.
Otter, along with other top elected officials, countered he was just following a 1978 high court ruling that said the veto deadline only kicks after it lands on his desk. The lawsuit originally singled out Secretary of State Lawerence Denney because he verified the governor's veto. Otter was later named in the challenge at the Republican governor's request because he argued that it was his veto that sparked the lawsuit.
However, the justices disagreed with Otter. Nestled inside their 21-page ruling, the court overruled the previous 1978 decision — a rare move inside the courts due to a preference to follow prior judicial precedent— because they argued the Constitution clearly states the deadline starts when the Legislature adjourns for the year. That part of the Tuesday's decision will only apply to future legislative sessions and not the grocery tax repeal case nor any other prior vetoes.
"The 1978 decision did not interpret the Constitution; it purported to rewrite an unambiguous phrase in order to obtain a desired result," the justices wrote.
Otter's spokesman did not respond to request for comment, though Otter is currently hospitalized recovering from back surgery and an infection. Denney's office also did not return request for comment.
For many Idahoans, Tuesday's ruling won't result in changes at the grocery checkout line. They will continue paying the tax and the state won't be at risk of losing the tax revenue, which helps pay for public schools and transportation projects. Instead, it's the Idaho Legislature that will face dramatic changes when handling bills at the end of each session.
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