The Utah Supreme Court recently issued an opinion in State v. Moa, 2012 UT 28, a criminal case involving the withdrawal of a no contest plea. The court considered whether the court of appeals had correctly concluded that the defendant’s motion to withdraw that plea was properly denied. Id. ¶ 32. In addressing that issue, the… Continue Reading
Category Archives: Utah Supreme Court Opinions
Subscribe to Utah Supreme Court Opinions RSS FeedUtah Supreme Court – Opinion To Be Released Tuesday
Posted in Utah Supreme Court OpinionsTomorrow, the Utah Supreme Court will release the following opinion: Turner v. Staker & Parson Companies, 20110275
Utah Supreme Court – State v. Alexander
Posted in Utah Supreme Court OpinionsWe do not discuss appeals we handle, but we do want to congratulate Linda Jones for a nice victory in State v. Alexander last Friday.
Utah Supreme Court Opinions Issued Today
Posted in Utah Supreme Court OpinionsState v. Ruiz State v. Moa State v. Alexander B.A.M. v. Salt Lake County Kell v. State Broderick v. Apartment Mgmt. Consultants
Utah Appellate Courts – Opinions To Be Released Thursday & Friday
Posted in Utah Court of Appeals Opinions, Utah Supreme Court OpinionsTomorrow, the Utah Court of Appeals will release the following seven decisions: American Fork v. J. Thayne, 20120095 American Fork v. S. Thayne, 20120094 In re R.B.F.S. (A.F.M. & B.J.M. v. B.S.), 20080231 Living Rivers v. Department of Natural Resources, 20110242 State v. Bradshaw, 20120133 State v. Veale, 20100049 Wells Fargo v. Cox, 20120021 … Continue Reading
Utah Appellate Courts – Opinions To Be Released Thursday and Friday
Posted in Utah Court of Appeals Opinions, Utah Supreme Court OpinionsTomorrow, the Utah Court of Appeals will issue the following seven opinions: Blauer v. CSRB & WFSV, 20101048 In re A.C. (RC v. State), 20120033 In re A.M. (KD v. State), 20110963 In re N.P. (JP v. State), 20120079 State v. Johnson, 20100734 State v. Maughan, 20100348 State v. Williams, 20101022 On Friday, April 20th, the… Continue Reading
Utah Supreme Court – Reciprocal Attorney Fees Statute
Posted in Utah Supreme Court OpinionsThe Utah Supreme Court recently issued opinions in two companion cases examining the reciprocal attorney fees statute set forth at Utah Code section 78B-5-826. That statute provides that “[a] court may award costs and attorney fees to either party that prevails in a civil action based upon any promissory note, written contract, or other writing …. Continue Reading
Utah Supreme Court – Richards v. Brown – Waiver of the Right to Appeal
Posted in Utah Supreme Court OpinionsThe Utah Supreme Court recently issued an opinion in Richards v. Brown, 2012 UT 14. We recently posted some comments on the substantive issue resolved in that case–whether a relationship is terminated immediately, for purposes of recognizing the relationship as an unsolemnized marriage, when the parties cease cohabiting. Before the court could reach that question, though, it first addressed… Continue Reading
Utah Supreme Court – State v. Prion – Double Jeopardy in Sentencing
Posted in Criminal Law, Utah Supreme Court OpinionsToday, the Utah Supreme Court issued an opinion authored by Justice Lee in State v. Prion. Because we were counsel in this case, we will not provide any commentary except to note that the criminal law bar may find interesting the discussion of both Rule 22(e) and the Double Jeopardy Clause in the sentencing context. The… Continue Reading
Utah Supreme Court – Richards v. Brown – Unsolemnized Marriage and the Statute of Repose
Posted in Utah Supreme Court OpinionsThe Utah Supreme Court recently issued Richards v. Brown, 2012 UT 14, an opinion authored by Justice Nehring addressing the circumstances in which an appellant forecloses appeal rights by accepting payment under a district court judgment. Id. ¶¶ 13-20. The court also considered when the statute of repose commences for recognition of an unsolemnized marriage. Id. ¶¶ 21-28. The 2009 opinion of the… Continue Reading
Utah Supreme Court – Taylor v. State – the PCRA and Article I, Section 5
Posted in Commentary on Utah Law, Utah Supreme Court OpinionsYesterday, in an opinion authored by Justice Parrish, the Utah Supreme Court affirmed the dismissal of Von Lester Taylor’s petition for post-conviction relief from his death sentence. Taylor v. State, 2012 UT 5. Coverage of the opinion by Emiley Morgan of the Deseret News can be found here; by Melinda Rogers of the Salt Lake Tribune… Continue Reading
Utah Supreme Court – Opinions in 2011
Posted in Commentary on Utah Law, Utah Supreme Court News, Utah Supreme Court OpinionsToday, the Utah Supreme Court will issue two opinions–Stone Flood v. Safeco and State v. Arave. When it does, it will have issued 84 opinions in 2011. Four of those opinions were amended opinions, so the court issued 80 opinions in distinct cases. Those four amended opinions in 2011 indicate that the court granted petitions for… Continue Reading
Utah Supreme Court – Carranza v. United States – Wrongful Death and the Unborn
Posted in Commentary on Utah Law, Utah Supreme Court OpinionsOn Tuesday, the Utah Supreme Court issued Carranza v. United States, 2011 UT 80, an opinion without a majority. Carranza held that the prior version of Utah’s wrongful death statute recognizes a cause of action for the death of an unborn child. The operative wrongful death statute provided that “a parent or guardian may maintain an action for… Continue Reading
Utah Supreme Court – State v. Harding – State Gets Second Bite at the Apple?
Posted in Utah Supreme Court OpinionsLast week, the Utah Supreme Court issued State v. Harding, 2011 UT 78, a unanimous opinion authored by Justice Parrish, reversing a 2010 opinion issued by the Utah Court of Appeals, State v. Harding, 2010 UT App 8. The Utah Supreme Court vacated a district court’s order denying a motion to suppress evidence and remanded… Continue Reading
Utah Supreme Court – Goggin v. Goggin – Deficient Notice of Appeal
Posted in Utah Supreme Court OpinionsLast Friday the Utah Supreme Court issued Goggin v. Goggin, an opinion authored by Chief Justice Durham. The case involves the division of marital assets related to an equestrian business. The most noteworthy aspect of the appeal, however, is the court’s holding that a number of defendants did not file a timely notice of appeal. The plaintiff and appellee was Tamara… Continue Reading
Utah Supreme Court – State v. Harrison – Appellate Jursidiction
Posted in Utah Supreme Court OpinionsThe Utah Supreme Court this week issued two companion opinions: In re J.M.S, 2011 UT 75, authored by Chief Justice Durham; and State v. Harrison, 2011 UT 74, authored by Justice Lee. In J.M.S, the court held that a woman who arranged for a non-medical procedure to terminate her pregnancy may be prosecuted under Utah’s homicide statutes. We examined… Continue Reading
Utah Supreme Court – In re J.M.S. – Criminalizing Non-Medical Abortion Procedures
Posted in Utah Supreme Court OpinionsOn Tuesday, the Utah Supreme Court, in an opinion authored by Chief Justice Durham, held that the 2009 version of Utah’s abortion statute did not exempt from criminal liability a woman who obtains an abortion through a non-medical procedure. The juvenile court ruled that a woman who paid a man to assault her to terminate… Continue Reading
Utah Supreme Court – Donjuan v. McDermott
Posted in Utah Supreme Court OpinionsLast week, the Utah Supreme Court issued Donjuan v. McDermott, a unanimous opinion authored by Justice Parrish. 2011 UT 72. Like the court’s recent Baby E.Z. opinion, also authored by Justice Parrish, Donjuan involved an unmarried birth father who sought and failed to prevent the adoption of his child. We discussed the Baby E.Z. opinion here. At issue… Continue Reading
Utah Supreme Court – Archuleta v. Galetka – Motions to File Overlength Briefs
Posted in Utah Supreme Court OpinionsYesterday, the Utah Supreme Court issued Archuleta v. Galetka, a unanimous opinion authored by Justice Lee. We will post on the merits of the decision later, but we wanted to highlight separately lengthy footnote 1 in the opinion. In the footnote, the court expresses its concern over the “last-minute filing of a motion for leave to file… Continue Reading
Utah Supreme Court – Petition for Writ of Certiorari – In re D.B.
Posted in Utah Court of Appeals Opinions, Utah Supreme Court OpinionsLast week, we posted here a number of Utah Court of Appeals’ opinions that the Utah Supreme Court has agreed to review. Another interesting court of appeals’ opinion still under review by the Utah Supreme Court is In re D.B., 2010 UT App 111. D.B. is noteworthy because it involves a novel issue of preservation and contains… Continue Reading
Utah Supreme Court – Essential Botanical Farms v. Kay – Boundary by Acquiescence
Posted in Utah Supreme Court OpinionsOn Tuesday, the Utah Supreme Court issued Essential Botanical Farms v. Kay, 2011 UT 71, a unanimous opinion authored by Justice Nehring. On its face, Kay provides two straightforward, but very important, clarifications of Utah’s doctrine of boundary by acquiescence. Under that doctrine, an adjacent landowner may quiet title in land upon proof of (i) occupation up… Continue Reading
Utah Supreme Court – L.C. Canyon Partners, L.L.C. v. Salt Lake County – Takings and Changing Zoning Rules
Posted in Utah Supreme Court OpinionsThis post is the third in a series where we have examined the Utah Supreme Court’s decision in L.C. Canyon Partners, L.L.C. v. Salt Lake County, 2011 UT 63. Our prior posts can be found here and here. As discussed in our prior posts, L.C. Canyon challenged the application of Salt Lake County’s zoning ordinances… Continue Reading
Utah Supreme Court – L.C. Canyon Partners, L.L.C. v. Salt Lake County – Rescinding a Zoning Ordinance
Posted in Utah Supreme Court OpinionsThis is the second post examining the Utah Supreme Court’s decision in L.C. Canyon Partners, L.L.C. v. Salt Lake County, 2011 UT 63. The prior post, which can be found here, examined the court’s holding that Salt Lake County’s zoning ordinances do not violate the Due Process Clause. Although those ordinances prevent L.C. Canyon from… Continue Reading
Utah Supreme Court – L.C. Canyon Partners, L.L.C. v. Salt Lake County – Due Process Standards For Rezoning
Posted in Utah Supreme Court OpinionsThe Utah Supreme Court recently issued L.C. Canyon Partners, L.L.C. v. Salt Lake County, 2011 UT 63, a unanimous opinion, authored by Justice Lee, that addressed the authority of Salt Lake County to rescind an ordinance rezoning a parcel of land and the due process standards underlying zoning decisions. Id. ¶¶ 11-17. The court also considered… Continue Reading
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