Utah Municipal Attorneys Association

FWD: Marital property as 'property of another' argument

  • 02 Apr 2013 10:05 AM
    Message # 1257401

    Please see the below request for assistance from Assistant Layton City
    Attorney Marlesse Jones.  If you have information that may be of assistance
    to Marlesse, please contact her directly at mjones@laytoncity.org.  Please
    do not respond to the sender of this e-mail.

    Mark Nash, Director
    Utah Prosecution Council


    ---------- Forwarded message ----------
    From: Marlesse Jones <mjones@laytoncity.org>
    Date: Mon, Apr 1, 2013 at 11:31 AM
    Subject: Marital property as 'property of another' argument
    To: Mark Nash <mnash@utah.gov>


     Mark,****

    ** **

    I’m wondering if you would be kind enough to put a word out to other
    prosecutors for feedback on a DV issue. Specifically I have to respond to a
    motion to dismiss based on the argument that damage to marital property
    does not constitute ‘property of another’ as provided for in the criminal
    mischief statute.   I’m sure this is not the first time this argument has
    been raised and hope to not have to plow a field that is already sown.  If
    anyone has a response to such an argument I’d be very appreciative in
    receiving a copy.****

    ** **

    Thanks!****

    ** **

    *Marlesse D. Jones*

    LAYTON CITY PROSECUTOR****

    437 N. Wasatch Drive****

    Layton UT 84041****

    Ph. 801-336-3590/3596****

    Fax. 801-336-3595****

    ** **

Utah Municipal Attorneys Association
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