State v. Nelson (2026 UT 33): “Double Deference” Governs Ineffective-Assistance Claims Premised on an Unmade Directed-Verdict Motion, and Evidence Must Be Viewed in Favor of the Jury’s Verdict 1....
Third-Party Settlement Offsets Under Utah Code § 34A-2-106 Require Proof of Overlap With Compensable Injury (and ALJs Have Broad Discretion Over Medical-Panel Framing and Reopening Evidence) I....
State v. Castillo (2026 UT 26): Abandonment Waives Rule 702 Reliability Objections; Generic “Victim” References and Unpreserved Robbins Claims Do Not Support Reversal I. Introduction In State v....
Rule 65C(h)(3) Is Not a “New-Claim” Gateway: PCRA Amendments After One Year Must Satisfy Rule 15(c) Relation Back I. Introduction In Nunez v. State, 2026 UT 25, the Utah Supreme Court addressed...
Finality Forecloses Later Jurisdiction Challenges to a Prior Appellate Remand; Second Appeal Review Is Limited to Post-Remand Error Introduction Case: In re J.A.C., 2026 UT 27 (Utah Supreme Court)....
Extraordinary Relief Discretion: Utah Supreme Court May Deny Rule 19 Petitions Without Reaching Constitutional Merits When Relief Is Unlikely to Be Meaningful Introduction Adams v. Hon. Robison, 2026...
Adoption-Act Terminations Must Include the “Strictly Necessary” Best-Interest Finding Ross v. Kracht, 2026 UT 22 (Utah Supreme Court, July 30, 2026) I. Introduction Parties. Julie Ross and Gerald...
Utah Adoption Act: Termination to Facilitate Adoption Requires a “Strictly Necessary” Best-Interest Analysis Grounded in Case-Specific Stability Needs Introduction In re Adoption of B.C., 2026 UT 23,...
Sua Sponte Discussion Does Not Preserve an Unraised Appellate Issue Unless It Serves Judicial Economy and Fairness Introduction In Abu-Ulba v. Ananda Scientific, Inc., 2026 UT 24, the Utah Supreme...
Dramshop Act Contribution Requires an “Award” Imposed Against the Defendant—Settlements Do Not Qualify Introduction In RMB v. Celotto, 2026 UT 19, the Utah Supreme Court addressed a recurring...
Rule 40(e)(1) Nighttime-Execution Violations Do Not Trigger Automatic Suppression Absent a Constitutional Violation, Bad Faith, or Prejudice Introduction In State v. Jaramillo, 2026 UT 20, the Utah...
In re J.M.: Nonjudicial Adjustment Ineligibility Is an Objective Felony Inquiry, and Prosecutors May File a Petition to Correct an Improper Diversion 1. Introduction Case: In re J.M., 2026 UT 21...
Record-Based Notice Requirement for New Disciplinary Charges at the Screening Panel Stage (Reversal of Rule 1.1 Absent Proof of Timely Notice) Case: OPC v. Cox, 2026 UT 17 (Utah Supreme Court) Date:...
Workers’ Compensation IME Obstruction: Suspension Is the Exclusive Statutory Sanction (Dismissal Unavailable) 1. Introduction In Hooker v. Labor Commission, 2026 UT 16, the Utah Supreme Court...
Reyos v. State (2026 UT 18): Appellate “Engagement” Requirement and Preservation Bar in Untimely PCRA Appeal-Reinstatement Efforts 1. Introduction In Reyos v. State, the Utah Supreme Court addressed...
“Doubts in Favor of Arbitration” Applies Only to Arbitrability; Arbitrators May Not Award on Unsubmitted Claims Introduction In RV Holdings 4, LLC and Ridgeview Capital, LLC v. Standard Fiber...
Rational-Basis Validation of Time-Limited “Specified Landowner” Exclusion Rights in Utah Municipal Incorporations Case: McCaffrey v. Anderson, 2026 UT 14 (Utah Sup. Ct. July 2, 2026) 1. Introduction...
Overwhelming Evidence Defeats Strickland Prejudice in Postconviction Claims Attacking Self-Defense Instructions Introduction In Fenstermaker v. State, 2026 UT 12, the Utah Supreme Court reviewed a...
State v. Featherston (2026 UT 13): Utah’s General Savings Statute Bars Post-Sentencing Benefit from Ameliorative Penalty Reductions While Appeal Is Pending Introduction Parties: The State of Utah...
Preservation and Ripeness on Interlocutory Review: Constitutional Challenges to Virtual Voir Dire Require a District-Court Ruling 1. Introduction State v. Buttars, 2026 UT 10, arises from the Third...