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Court Briefs for 30 August 2013

Article Date: 
30 August, 2013 (All day)

Local attorney allowed to continue practicing law
Second Judicial District Court Judge Noel S. Hyde approved a motion of stay pending appeal for Alvin R. Lundgren on Aug. 16.  The move will allow Lundgren to continue practicing law until the Utah Supreme Court resolves his appeal originally filed Aug. 14.
In June, Hyde ruled there were sufficient grounds to disbar Lundgren for allegedly taking unearned money from client trust accounts from December 2008 to October 2011.  Counsel for the Office of Professional Conduct believed Lundgren should be charged with unprofessional conduct.
Lundgren said he has paid the original complainant back all money owned and that none of his clients lost money or were harmed.  In 24 years of practicing law, Lundgren has only had one complaint lodged against him, he said.  With no prior discipline record with the Utah Bar, Lundgren asked the Second District Court to hand down a sanction less severe than disbarment. .  Other sanctions could have included suspension, reprimand, probation, and restitution, among others.  Disbarment would be “unnecessarily harsh,” Lundgren said.
 
Makin facing sex abuse of a child charges
Andrew Howard Makin, 20, was before Judge Noel S Hyde in Second District Court this week facing state felony sexual abuse of a child charges.
Morgan County Sheriff’s deputies investigated the incident that allegedly took place at a birthday party in Morgan.  Makin admitted to cornering his minor female cousin in the kitchen before tickling and then groping her.
According to police reports, “Andrew said he know what he was doing was wrong and he did not know why he did it.”  Makin reported something similar happening in California in the past.
He was booked into the Weber County Jail on July 14.
 
Markham jailed for aggravated assault
Anthony L. Markham, 48, was booked into jail May 21 for aggravated assault.
According to the probable cause affidavit filed in Second District Court, Markham was involved in a physical fight with his son.  During the fight he used the back of a knife to strike his son in the head, causing substantial injury.  
Markham was in court this week before Judge Noel S. Hyde regarding the offense, which is a state felony.