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  • Commentaries
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Utah Case Commentaries

State v. Eldredge: Upholding Child Hearsay Admissibility and Addressing Ex Post Facto Claims in Utah

State v. Eldredge: Upholding Child Hearsay Admissibility and Addressing Ex Post Facto Claims in Utah

Date: Mar 31, 1989
State v. Eldredge: Upholding Child Hearsay Admissibility and Addressing Ex Post Facto Claims in Utah Introduction In State of Utah v. Richard M. Eldredge, 773 P.2d 29 (Utah Supreme Court, 1989), the...
Clarification of 'Plain Error' and 'Manifest Injustice' in Utah's Legal Framework: Insights from State v. Verde

Clarification of 'Plain Error' and 'Manifest Injustice' in Utah's Legal Framework: Insights from State v. Verde

Date: Mar 11, 1989
Clarification of 'Plain Error' and 'Manifest Injustice' in Utah's Legal Framework: Insights from State v. Verde Introduction The case of State of Utah v. Julie Warren Verde (770 P.2d 116, 1989)...
Res Judicata and Governmental Immunity in Investor Claims: Analysis of Madsen et al. v. Borthick et al.

Res Judicata and Governmental Immunity in Investor Claims: Analysis of Madsen et al. v. Borthick et al.

Date: Mar 11, 1989
Res Judicata and Governmental Immunity in Investor Claims: Analysis of Madsen et al. v. Borthick et al. Introduction The case of Madsen et al. v. Borthick et al. (769 P.2d 245) adjudicated by the...
Reasonable Attorney Fees Under Contract: Dixie State Bank v. Bracken Establishes Critical Precedent

Reasonable Attorney Fees Under Contract: Dixie State Bank v. Bracken Establishes Critical Precedent

Date: Oct 26, 1988
Reasonable Attorney Fees Under Contract: Dixie State Bank v. Bracken Establishes Critical Precedent Introduction The case of Dixie State Bank, a Utah Corporation, v. Kirk Bracken and Linford Bracken,...
Conditional No Contest Pleas and Fourth Amendment Protections: Analysis of State of Utah v. Mark Joseph Sery

Conditional No Contest Pleas and Fourth Amendment Protections: Analysis of State of Utah v. Mark Joseph Sery

Date: Jul 28, 1988
Conditional No Contest Pleas and Fourth Amendment Protections: Analysis of State of Utah v. Mark Joseph Sery Introduction State of Utah v. Mark Joseph Sery (758 P.2d 935) is a pivotal case...
Utah Supreme Court Sets Precedent on Evidence Admissibility and Jury Instructions for Mental Health Verdicts in Shickles v. State

Utah Supreme Court Sets Precedent on Evidence Admissibility and Jury Instructions for Mental Health Verdicts in Shickles v. State

Date: Jun 25, 1988
Utah Supreme Court Sets Precedent on Evidence Admissibility and Jury Instructions for Mental Health Verdicts in Shickles v. State Introduction In the landmark case of State of Utah v. Thomas Adison...
Utah Supreme Court Establishes Rigorous Standards for Jury Impartiality and Death Penalty Applicability in State v. Arthur Gary Bishop

Utah Supreme Court Establishes Rigorous Standards for Jury Impartiality and Death Penalty Applicability in State v. Arthur Gary Bishop

Date: Feb 25, 1988
Utah Supreme Court Establishes Rigorous Standards for Jury Impartiality and Death Penalty Applicability in State v. Arthur Gary Bishop Introduction In the landmark case of State of Utah v. Arthur...
State of Utah v. Elroy Tillman: Clarifying Appellate Review and Jury Unanimity Standards in Death Penalty Cases

State of Utah v. Elroy Tillman: Clarifying Appellate Review and Jury Unanimity Standards in Death Penalty Cases

Date: Feb 25, 1988
State of Utah v. Elroy Tillman: Clarifying Appellate Review and Jury Unanimity Standards in Death Penalty Cases Introduction State of Utah v. Elroy Tillman is a pivotal case adjudicated by the...
State of Utah v. Ron Lafferty: Reinforcing Competency Standards and Evidentiary Safeguards in Death Penalty Cases

State of Utah v. Ron Lafferty: Reinforcing Competency Standards and Evidentiary Safeguards in Death Penalty Cases

Date: Feb 19, 1988
State of Utah v. Ron Lafferty: Reinforcing Competency Standards and Evidentiary Safeguards in Death Penalty Cases Introduction In the landmark case of State of Utah v. Ronald Watson Lafferty (749...
Establishing the 'Clearly Erroneous' Standard for Bench Verdicts in Utah: An In-depth Commentary on State of Utah v. Bryan Walker

Establishing the 'Clearly Erroneous' Standard for Bench Verdicts in Utah: An In-depth Commentary on State of Utah v. Bryan Walker

Date: Aug 26, 1987
Establishing the 'Clearly Erroneous' Standard for Bench Verdicts in Utah: An In-depth Commentary on State of Utah v. Bryan Walker Introduction State of Utah v. Bryan Walker is a pivotal case...
Prosecutorial Discovery Obligations and Prejudice in Utah: Knight v. State

Prosecutorial Discovery Obligations and Prejudice in Utah: Knight v. State

Date: Mar 20, 1987
Prosecutorial Discovery Obligations and Prejudice in Utah: Knight v. State Introduction Knight v. State, 734 P.2d 913 (Utah Supreme Court, 1987), is a landmark judicial decision addressing the...
Redefining 'Accident' in Workers' Compensation: Allen v. Industrial Commission

Redefining 'Accident' in Workers' Compensation: Allen v. Industrial Commission

Date: Nov 15, 1986
Redefining 'Accident' in Workers' Compensation: Allen v. Industrial Commission Introduction The Supreme Court of Utah, in the landmark case of Robert A. Allen v. Industrial Commission (729 P.2d 15,...
Mandatory Cautionary Instructions on Eyewitness Identification Established in State v. Long

Mandatory Cautionary Instructions on Eyewitness Identification Established in State v. Long

Date: Jun 21, 1986
Mandatory Cautionary Instructions on Eyewitness Identification Established in State v. Long Introduction State of Utah v. Anthony L. Long is a seminal case decided by the Supreme Court of Utah on...
Utah Supreme Court Invalidates Statute of Repose in Product Liability under Open Courts and Wrongful Death Provisions: A Comprehensive Analysis of Berry v. Beech Aircraft Corp.

Utah Supreme Court Invalidates Statute of Repose in Product Liability under Open Courts and Wrongful Death Provisions: A Comprehensive Analysis of Berry v. Beech Aircraft Corp.

Date: Jan 1, 1986
Utah Supreme Court Invalidates Statute of Repose in Product Liability under Open Courts and Wrongful Death Provisions: A Comprehensive Analysis of Berry v. Beech Aircraft Corp. Introduction The case...
Limitation of Liability for Directory Errors and Negligence in Intercept Operations: Insights from ATKIN WRIGHT MILES v. Mountain States Telephone and Telegraph Co.

Limitation of Liability for Directory Errors and Negligence in Intercept Operations: Insights from ATKIN WRIGHT MILES v. Mountain States Telephone and Telegraph Co.

Date: Oct 23, 1985
Limitation of Liability for Directory Errors and Negligence in Intercept Operations: Insights from ATKIN WRIGHT MILES v. Mountain States Telephone and Telegraph Co. Introduction The case of ATKIN...
Maintaining Mutual Consideration in Contracts with Termination Clauses: Resource Management Co. v. Weston Ranch

Maintaining Mutual Consideration in Contracts with Termination Clauses: Resource Management Co. v. Weston Ranch

Date: Aug 24, 1985
Maintaining Mutual Consideration in Contracts with Termination Clauses: Resource Management Co. v. Weston Ranch Introduction Resource Management Company (RMC), a Utah corporation, entered into a...
Commercial Reasonableness in Secured Asset Disposition: The Affirmation in Scharf v. Erickson

Commercial Reasonableness in Secured Asset Disposition: The Affirmation in Scharf v. Erickson

Date: Jul 8, 1985
Commercial Reasonableness in Secured Asset Disposition: The Affirmation in Scharf v. Erickson Introduction In the landmark case of K.J. Scharf, DBA Western Leasing v. BMG Corporation et al. (700 P.2d...
Recognition of Breach of Good Faith in First-Party Insurance Contracts: Wayne Beck v. Farmers Insurance Exchange

Recognition of Breach of Good Faith in First-Party Insurance Contracts: Wayne Beck v. Farmers Insurance Exchange

Date: Jun 13, 1985
Recognition of Breach of Good Faith in First-Party Insurance Contracts: Wayne Beck v. Farmers Insurance Exchange Introduction In Wayne Beck v. Farmers Insurance Exchange, 701 P.2d 795 (Utah, 1985),...
DeMAR D. Jones v. Harriet H. Jones: Enhanced Standards for Alimony Determination

DeMAR D. Jones v. Harriet H. Jones: Enhanced Standards for Alimony Determination

Date: Apr 18, 1985
DeMAR D. Jones v. Harriet H. Jones: Enhanced Standards for Alimony Determination Introduction In DeMAR D. Jones v. Harriet H. Jones, 700 P.2d 1072 (Utah, 1985), the Supreme Court of Utah addressed...
Utah Supreme Court Declares Guest Statute Unconstitutional Under Equal Protection

Utah Supreme Court Declares Guest Statute Unconstitutional Under Equal Protection

Date: Dec 15, 1984
Utah Supreme Court Declares Guest Statute Unconstitutional Under Equal Protection Introduction In the landmark case of Steven L. Malan v. James C. Lewis and Brett Lewis, the Supreme Court of Utah...
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