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Category Archives: Utah Appellate Practice

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Originalism and the Primacy Approach to the Utah Constitution

By Troy L. Booher on Posted in Commentary on Utah Law, Utah Appellate Practice, Zimmerman Jones Booher

The Utah Supreme Court has wavered in whether it will adopt originalism as the method of interpreting the Utah Constitution, but has been consistent in its employment of the primacy approach to addressing state constitutional issues. The primacy approach considers state constitutions to be the primary source of fundamental law, meaning that state judges first… Continue Reading

Perspectives and the Law

By Troy L. Booher on Posted in Utah Appellate Practice

Steven Harper, a recently retired partner at Kirkland & Ellis, has published an article titled The Arrogance of Overconfidence in both the American Lawyer and on his blog, The Belly of the Beast. He reminds us of two human tendencies to delusion that represent pitfalls for legal education, the legal profession, and legal professionals. The first is our tendency… Continue Reading

Review of Interlocutory Orders in Utah

By Troy L. Booher on Posted in Utah Appellate Practice

When you want to appeal an order, but there is no final judgment or statutory right to appeal, in Utah your only option likely is a petition for permission to appeal from an interlocutory order under Rule 5 of the Utah Rules of Appellate Procedure.  In federal court, both the district court and the appellate court must agree that an interlocutory order… Continue Reading

Utah Supreme Court – Workers Compensation Fund v. Argonaut Insurance Company

By Christopher Stout on Posted in Commentary on Utah Law, Utah Appellate Practice, Utah Supreme Court Opinions

The Utah Supreme Court this week issued an opinion authored by Justice Parrish, Worker’s Compensation Fund v. Argonaut Ins. Fund, 2011 UT 61, highlighting the importance of strict compliance with the Utah Rules related to post-trial motions and notices of appeal.  Robert Ceniceros of Business Insurance has written about the case in an article that can be… Continue Reading

Whether to Appeal in Civil Cases

By Troy L. Booher on Posted in Utah Appellate Practice

One should never advise a client to appeal merely because the trial court erred.  All trial courts err because the judicial system, by design, places trial judges in an impossible position.  For example, consider what happens at trial when an evidentiary objection is made.  The trial judge does not have time to stop the trial, research the… Continue Reading

Preserving Issues Involving Prosecutorial Misconduct in Utah Appellate Courts

By Troy L. Booher on Posted in Utah Appellate Practice

When prosecutorial misconduct occurs, there are a number of ways in which criminal defense attorneys can waive or otherwise fail to preserve issues for appeal.  The Utah Court of Appeals outlined what defense attorneys must do to preserve such issues in State v. Todd, 2007 UT App 349, 173 P.3d 170.  In Todd, the prosecutor… Continue Reading

Utah Court of Appeals on Preservation – State v. Prawitt

By Linda Jones on Posted in Criminal Law, Utah Appellate Practice, Utah Court of Appeals Opinions

Last Thursday, the Utah Court of Appeals issued State v. Prawitt.  The case provides some important lessons about preservation and an issue possibly worthy of the attention of the Utah Supreme Court or the Utah Legislature.  Mr. Prawitt was convicted of a number of driving and alcohol-related offenses after a police officer found him under the influence of alcohol… Continue Reading