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  • Commentaries
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Utah Case Commentaries

The “Federal-Origin Exception” to Utah’s EIDPA Suppression Rule – A Comprehensive Commentary on State v. Andrus (2025 UT 32)

The “Federal-Origin Exception” to Utah’s EIDPA Suppression Rule – A Comprehensive Commentary on State v. Andrus (2025 UT 32)

Date: Aug 13, 2025
The “Federal-Origin Exception” to Utah’s EIDPA Suppression Rule In-Depth Commentary on State v. Andrus, 2025 UT 32 (Supreme Court of Utah) 1. Introduction State v. Andrus presented Utah’s high court...
Objective Imminence as a Law-Like Mixed Question: Correctness Review of Pre-Trial Justification Rulings in Utah

Objective Imminence as a Law-Like Mixed Question: Correctness Review of Pre-Trial Justification Rulings in Utah

Date: Aug 13, 2025
Objective Imminence as a Law-Like Mixed Question: Correctness Review of Pre-Trial Justification Rulings in Utah 1. Introduction State v. Wilcox, 2025 UT 31, is the Utah Supreme Court’s first...
Talisker v. Midtown Acquisitions: Utah Supreme Court Validates Broad Contractual Waivers of Rule 69B Sheriff’s-Sale Protections

Talisker v. Midtown Acquisitions: Utah Supreme Court Validates Broad Contractual Waivers of Rule 69B Sheriff’s-Sale Protections

Date: Aug 13, 2025
Talisker v. Midtown Acquisitions: Utah Supreme Court Validates Broad Contractual Waivers of Rule 69B Sheriff’s-Sale Protections Introduction Talisker Partnership and a constellation of related...
The Barrani Clarification: Utah Supreme Court Affirms Public-Duty Shield for Municipal Inaction on Homeless Encampments

The Barrani Clarification: Utah Supreme Court Affirms Public-Duty Shield for Municipal Inaction on Homeless Encampments

Date: Aug 1, 2025
The Barrani Clarification: Utah Supreme Court Affirms Public-Duty Shield for Municipal Inaction on Homeless Encampments Introduction Barrani v. Salt Lake City, 2025 UT 25, confronts the collision of...
Ross v. Kracht (2025 UT 22) –  Immediate Appealability of District-Court Termination Orders under Utah Code § 78B-6-112(3)

Ross v. Kracht (2025 UT 22) – Immediate Appealability of District-Court Termination Orders under Utah Code § 78B-6-112(3)

Date: Jul 30, 2025
Ross v. Kracht (2025 UT 22) Immediate Appealability of District-Court Termination Orders under Utah Code § 78B-6-112(3) 1. Introduction Ross v. Kracht is a landmark decision of the Utah Supreme Court...
Implicit Remand and Mandatory Restitution: The Precedential Impact of State v. Blake (2025 UT 21)

Implicit Remand and Mandatory Restitution: The Precedential Impact of State v. Blake (2025 UT 21)

Date: Jul 30, 2025
Implicit Remand and Mandatory Restitution: The Precedential Impact of State v. Blake (2025 UT 21) Introduction In State v. Blake, the Utah Supreme Court resolved a recurrent procedural quandary: When...
“Spousal-Imputed Domicile” Survives Constitutional Review: Commentary on Tischmak v. Utah State Tax Commission, 2025 UT 24

“Spousal-Imputed Domicile” Survives Constitutional Review: Commentary on Tischmak v. Utah State Tax Commission, 2025 UT 24

Date: Jul 30, 2025
“Spousal-Imputed Domicile” Survives Constitutional Review: Commentary on Tischmak v. Utah State Tax Commission, 2025 UT 24 1. Introduction Utah’s Supreme Court, in Tischmak v. Utah State Tax...
Jenco v. Valderra Land Holdings: Utah Supreme Court Limits Rule 62(b) Stays to Money Judgments

Jenco v. Valderra Land Holdings: Utah Supreme Court Limits Rule 62(b) Stays to Money Judgments

Date: Jul 13, 2025
Jenco v. Valderra Land Holdings (2025 UT 20): Utah Supreme Court Limits Rule 62(b) Stays to Money Judgments Introduction Jenco v. Valderra Land Holdings presented the Utah Supreme Court with a...
Express-Authorization Doctrine for Cosmetic Surgery:  Anderson v. Department of Commerce (2025 UT 19)

Express-Authorization Doctrine for Cosmetic Surgery: Anderson v. Department of Commerce (2025 UT 19)

Date: Jul 5, 2025
“Express-Authorization Doctrine” for Ablative Cosmetic Medical Procedures A Commentary on Anderson v. Utah Department of Commerce, 2025 UT 19 1. Introduction Anderson v. Department of Commerce...

        “Full Faith, Full Bar”: Utah Supreme Court Re-affirms Mandatory
        Respect for Out-of-State Attorney Discipline and Tightens the
        Extraordinary-Waiver Standard  –  Commentary on Marin v. Utah State Bar, 2025 UT 18

“Full Faith, Full Bar”: Utah Supreme Court Re-affirms Mandatory Respect for Out-of-State Attorney Discipline and Tightens the Extraordinary-Waiver Standard – Commentary on Marin v. Utah State Bar, 2025 UT 18

Date: Jun 27, 2025
“Full Faith, Full Bar”: Utah Supreme Court Re-affirms Mandatory Respect for Out-of-State Attorney Discipline and Tightens the Extraordinary-Waiver Standard – Commentary on Marin v. Utah State Bar,...
Clarifying the Scope of “Managing or General Agent” for Corporate Service of Process Under Utah Rule 4(d)(1)(E)

Clarifying the Scope of “Managing or General Agent” for Corporate Service of Process Under Utah Rule 4(d)(1)(E)

Date: Jun 10, 2025
Clarifying the Scope of “Managing or General Agent” for Corporate Service of Process Under Utah Rule 4(d)(1)(E) Introduction Griffin v. Snow Christensen & Martineau (2025 UT 16) presented the Utah...
Revised GIA Damages Cap Requires Independent Constitutional Analysis: Limited Reach of Condemarin

Revised GIA Damages Cap Requires Independent Constitutional Analysis: Limited Reach of Condemarin

Date: Jun 10, 2025
Revised GIA Damages Cap Requires Independent Constitutional Analysis: Limited Reach of Condemarin Introduction This commentary examines the Utah Supreme Court’s decision in University of Utah...
Exclusionary Rule Under Utah’s EIDPA: Federal Subpoenas and State Evidence Sharing

Exclusionary Rule Under Utah’s EIDPA: Federal Subpoenas and State Evidence Sharing

Date: May 30, 2025
Exclusionary Rule Under Utah’s EIDPA: Federal Subpoenas and State Evidence Sharing Introduction State v. Andrus (2025 UT 15) is a landmark decision by the Supreme Court of Utah addressing the scope...
New Standard for Substantial Compliance of Preliminary Notices and Proportional Allocation of Condominium Construction Liens

New Standard for Substantial Compliance of Preliminary Notices and Proportional Allocation of Condominium Construction Liens

Date: May 23, 2025
New Standard for Substantial Compliance of Preliminary Notices and Proportional Allocation of Condominium Construction Liens Introduction New Star General Contractors, Inc. (“New Star”) sued Dumar,...
Prosecutorial Disclosure and Witness Coaching Under Brady & Napue: Carter v. State (2025 UT 13)

Prosecutorial Disclosure and Witness Coaching Under Brady & Napue: Carter v. State (2025 UT 13)

Date: May 16, 2025
Prosecutorial Disclosure and Witness Coaching Under Brady & Napue: Carter v. State (2025 UT 13) Introduction In Carter v. State (2025 UT 13), the Utah Supreme Court confronted decades-old allegations...
Due Process Limits on Prosecutorial Refiling: Clarifying the Brickey Standard

Due Process Limits on Prosecutorial Refiling: Clarifying the Brickey Standard

Date: May 2, 2025
Due Process Limits on Prosecutorial Refiling: Clarifying the Brickey Standard Introduction State of Utah v. Kyli Jenae Labrum (2025 UT 12) presented the Supreme Court of Utah with the question...
Standard for Virtual Jury Selection and County‐Based Venire Limits under State v. Richins (2025 UT 10)

Standard for Virtual Jury Selection and County‐Based Venire Limits under State v. Richins (2025 UT 10)

Date: Apr 25, 2025
Standard for Virtual Jury Selection and County‐Based Venire Limits under State v. Richins (2025 UT 10) Introduction In State v. Richins, 2025 UT 10, the Utah Supreme Court resolved two interlocutory...
Deference to Juvenile Courts in Termination Cases: Applying the Strictly Necessary Standard in In re D.S.

Deference to Juvenile Courts in Termination Cases: Applying the Strictly Necessary Standard in In re D.S.

Date: Apr 25, 2025
Deference to Juvenile Courts in Termination Cases: Applying the Strictly Necessary Standard in In re D.S. Introduction The Supreme Court of Utah’s decision in In re D.S., 2025 UT 11, clarifies how...
Limitation on Compelling Victim Testimony at Rape Shield Hearings: State v. Jolley (2025 UT 9)

Limitation on Compelling Victim Testimony at Rape Shield Hearings: State v. Jolley (2025 UT 9)

Date: Apr 11, 2025
Limitation on Compelling Victim Testimony at Rape Shield Hearings Introduction State of Utah v. Seth Clark Jolley, 2025 UT 9, is an interlocutory appeal decided by the Utah Supreme Court on April 10,...
Holistic Discretion in Juvenile Transfer: The Standard for Transferring Fifteen-Year-Olds in Utah

Holistic Discretion in Juvenile Transfer: The Standard for Transferring Fifteen-Year-Olds in Utah

Date: Apr 4, 2025
Holistic Discretion in Juvenile Transfer: The Standard for Transferring Fifteen-Year-Olds in Utah Introduction In In re E.M. (2025 UT 8), the Utah Supreme Court addressed whether a juvenile court...
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