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  • Commentaries
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Utah Case Commentaries

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...
Civil Limitation Periods Excluded from POST Disciplinary Actions: Grillone v. Peace Officer Standards & Training Council

Civil Limitation Periods Excluded from POST Disciplinary Actions: Grillone v. Peace Officer Standards & Training Council

Date: Apr 4, 2025
Civil Limitation Periods Excluded from POST Disciplinary Actions Grillone v. Peace Officer Standards & Training Council, 2025 UT 7 Introduction Grillone v. Peace Officer Standards & Training Council...
Defining “Payable” under Utah’s Underinsured Motorist Statute: Hinton v. Midwest Family Mutual Insurance

Defining “Payable” under Utah’s Underinsured Motorist Statute: Hinton v. Midwest Family Mutual Insurance

Date: Mar 21, 2025
Defining “Payable” under Utah’s Underinsured Motorist Statute: Hinton v. Midwest Family Mutual Insurance Introduction In Hinton v. Midwest Family Mutual Insurance (2025 UT 4), the Utah Supreme Court...
Utah’s General Saving Statute Protects Ongoing Criminal Prosecutions from Abatement upon Statutory Repeal

Utah’s General Saving Statute Protects Ongoing Criminal Prosecutions from Abatement upon Statutory Repeal

Date: Mar 21, 2025
Utah’s General Saving Statute Protects Ongoing Criminal Prosecutions from Abatement upon Statutory Repeal Introduction State v. Cooke, 2025 UT 6, presented the Utah Supreme Court with the pivotal...
Roussel v. State (2025 UT 5): Nonjusticiability of Facial Challenges to Nonoperative Statutes and General Government Conduct

Roussel v. State (2025 UT 5): Nonjusticiability of Facial Challenges to Nonoperative Statutes and General Government Conduct

Date: Mar 21, 2025
Roussel v. State (2025 UT 5): Nonjusticiability of Facial Challenges to Nonoperative Statutes and General Government Conduct Introduction In Roussel v. State (2025 UT 5), the Utah Supreme Court...
Judicial Reassessment of Juvenile Life Sentences: Mandating Individualized Consideration under Miller

Judicial Reassessment of Juvenile Life Sentences: Mandating Individualized Consideration under Miller

Date: Mar 14, 2025
Judicial Reassessment of Juvenile Life Sentences: Mandating Individualized Consideration under Miller Introduction The case of State of Utah, Appellee, v. Morris Thomas Mullins, Appellant (2025 UT 2)...
Establishing Reasonable Limits on Speedy Trial Claims: The State of Utah v. Hintze Judgment

Establishing Reasonable Limits on Speedy Trial Claims: The State of Utah v. Hintze Judgment

Date: Mar 14, 2025
Establishing Reasonable Limits on Speedy Trial Claims: The State of Utah v. Hintze Judgment Introduction The recent decision in State of Utah, Petitioner, v. Chad Hintze, Respondent (2025 UT 3)...
Jennings clarifies Utah’s bail standard: intent may be inferred from repeated stabbing; self-defense at bail requires both subjective belief and objective reasonableness

Jennings clarifies Utah’s bail standard: intent may be inferred from repeated stabbing; self-defense at bail requires both subjective belief and objective reasonableness

Date: Feb 21, 2025
Jennings clarifies Utah’s bail standard: intent may be inferred from repeated stabbing; self-defense at bail requires both subjective belief and objective reasonableness Introduction In State of Utah...
Reaffirming the Correctness Standard for Ineffective Assistance of Counsel in New Trial Motions: State of Utah v. William Torres-Orellana

Reaffirming the Correctness Standard for Ineffective Assistance of Counsel in New Trial Motions: State of Utah v. William Torres-Orellana

Date: Jan 1, 2025
Reaffirming the Correctness Standard for Ineffective Assistance of Counsel in New Trial Motions: State of Utah v. William Torres-Orellana Introduction State of Utah v. William Torres-Orellana, 2024...
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