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echo: barktopus
to: Mark
from: Rich Gauszka
date: 2007-01-15 21:25:16
subject: Re: Yo Mark - What`s with New Jersey?

From: "Rich Gauszka" 

Michigan is getting a bit stupid also. It seems an unintended consequence
of laws on adultery could lead to life in prison for adulterers. I don't
think they could afford all the prison space if they uphold that law :-)


http://freep.com/apps/pbcs.dll/article?AID=/20070115/COL04/701150333

In a ruling sure to make philandering spouses squirm, Michigan's
second-highest court says that anyone involved in an extramarital fling can
be prosecuted for first-degree criminal sexual conduct, a felony punishable
by up to life in prison.

"We cannot help but question whether the Legislature actually intended
the result we reach here today," Judge William Murphy wrote in
November for a unanimous Court of Appeals panel, "but we are curtailed
by the language of the statute from reaching any other conclusion.

"Technically," he added, "any time a person engages in
sexual penetration in an adulterous relationship, he or she is guilty of
CSC I," the most serious sexual assault charge in Michigan's criminal
code.

No one expects prosecutors to declare open season on cheating spouses. The
ruling is especially awkward for Attorney General Mike Cox, whose office
triggered it by successfully appealing a lower court's decision to drop CSC
charges against a Charlevoix defendant. In November 2005, Cox confessed to
an adulterous relationship.

Murphy's opinion received little notice when it was handed down. But it has
since elicited reactions ranging from disbelief to mischievous giggling in
Michigan's gossipy legal community.

The ruling grows out of a case in which a Charlevoix man accused of trading
Oxycontin pills for the sexual favors of a cocktail waitress was charged
under an obscure provision of Michigan's criminal law. The provision
decrees that a person is guilty of first-degree criminal sexual conduct
whenever "sexual penetration occurs under circumstances involving the
commission of any other felony."



""Mark"  wrote in message
news:45abfe73$1{at}w3.nls.net...

> Jersey is lost. My only solace is my county and the county next door vote
> right on the big stuff, but it's not enough to save us with 20 or so
> counties! 
>
> Gov. Corzine wants to do AhnuldCare(tm) here too; I really don't think I'm
> going to hold out much longer.
>
> "Rich Gauszka"  wrote in message
> news:45abeb80$1{at}w3.nls.net...
>> The key words are that it was "unanimously passed by state
lawmakers. How
>> does this relate to controling property taxes?
>>
>> http://washingtontimes.com/national/20070112-115026-7662r.htm
>>
>> TRENTON, N.J. (AP) -- For World War II veteran Sam Stia, a legislative
>> proposal that would cease requiring New Jersey schools to teach about
>> Veterans Day and Memorial Day can be summed up in two words.
>>
>>    "That's wrong," Mr. Stia, 83, said from his Hamilton
home, where he
>> flies an American flag at half-staff to honor fallen soldiers. "We're
>> just giving our flag away and our patriotism away."
>>
>>    Mr. Stia and other veterans are steamed about the proposal, which
>> state lawmakers unanimously passed last month. It now awaits action by
>> the governor. It was included as part of a larger measure designed to
>> help control property taxes, mostly by abolishing some laws on school
>> purchasing and public hearings.
>>
>>    Other holidays about which schools no longer would be required to
>> teach include Columbus Day, Thanksgiving, Arbor Day and Commodore Barry
>> Day, which commemorates Revolutionary War hero John Barry.
>>
>>    New Jersey schools must observe the holidays under a 1967 law designed
>> to promote "the development of a higher spirit of
patriotism." Florida,
>> Nebraska and Washington are among states with similar laws.
>>
>>    New Jersey American Legion and Veterans of Foreign Wars groups have
>> asked Gov. Jon Corzine to veto the bill so schools still have to teach
>> about Memorial Day and Veterans Day.
>>
>>    "It's not right. They're not going to know the sacrifices that were
>> made so they can enjoy the protections that they have," said
Hank Adams,
>> New Jersey VFW adjutant and an Army and Coast Guard veteran.
>>
>
>

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