Monday, May 15, 2006

Supreme court will issue polygamy decision tomorrow

The Utah Supreme Court is going to issue its opinion in State v. Holm tomorrow. Holm is a practicing polygamist and was cop. He was convicted of unlawful sexual activity with a 16 or 17 year old for marrying and cohabitating with a 16 year-old girl. The case was argued in February 2005.

Holm has challenged the constitutionality of Utah's bigamy laws, and, unlike the Green case, his challenges are adequately briefed and include due process arguments under Lawrence v. Texas. Judging by the length of time it has taken the court to get its opinion, I'm predicting some dissent, or at least a concurrence or two.

By the way, sorry I haven't posted in so long. I have been overwhelmed at work. The supreme court's new rule about brief extension on cert has got me scrambling. Updates coming soon.


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