We have received a lot of requests for the briefing just filed in the Sister Wives case in Salt Lake City. As lead counsel, I am limited in what I can say about the case publicly. However, here is the final brief on the merits of the case, which is limited to 25 pages of argument under the local rules.
After two failed attempts to dismiss the case, the parties are now completing the arguments on cross summary judgment motions. The only remaining briefing is a short reply brief that can be filed by the Defendant at his discretion in response to this brief. That reply is limited to ten pages. This is our opposition to their cross motion for summary judgment.
The Court has scheduled a hearing on the merits for early January 2013.
I give up. What is this about? The Morman religion is not helping
Mitt Romney to get elected. I was going to look at Big Love.
Would watching that help me understand what they’re fighting
about?
I see some really bad law coming out of this case.
Darren Smith: Summary judgment obviates a trial. A trial is expensive. If I sued you on some lame theory would you want the judge to dismiss the case or have you spend fifty grand on a jury trial when in fact the plaintiff had not legal theory in his Complaint which withstands scrutiny? Of course, if you are a defendant, you can choose not to file a summary judgment motion and spen all your money going to trial.
Darren, “Hail Mary Pass” lets add religous insensitivity to the long list of bigotry! I don’t uses emoticons..this was tongue in cheek.
Utah courts have acknowledged “the reality” that the efforts of the federal government were directed at the Mormon church and the religious-based practice of polygamy.1 See generally Sarah Barringer Gordon, The Mormon Question 206-08 (2002). The first anti-polygamy law in (pre-statehood) Utah was passed directly following, and in large part in response to, an armed conflict between Mormons and the United States government.
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There wasn’t an armed conflict. The Mormon religion wouldn’t exist if there had been.
I agree this is certainly a Hail Mary Pass on behalf of the state and I feel they have so little merit on prevailing on this especially in the light most favorable to their opposition. Well argued points Professor Turley.
On a side note, I am beginning to wonder on how summary, Summary Judgements are lately. January 2013? why not just bind it for trial. This family should not have justice denied by justice delayed.
Nice brief. Oral argument will be interesting if the court orders it.
May the force to find the wind be behind you….. It’s much easier to fly that way….. Good luck….