Utah Case Commentaries

Utah Supreme Court Invalidates Statutory Damage Caps for Prisoner Constitutional Rights Violations

Date: Jul 13, 1996

Utah Supreme Court Invalidates Statutory Damage Caps for Prisoner Constitutional Rights Violations Introduction The case of Roger Bott v. Gary W. DeLAND, Blen Freestone, Dean Laney, and Robert F....

Reaffirmation of the Parol Evidence Rule: Integration and Ambiguity in Contract Interpretation

Date: Mar 31, 1995

Reaffirmation of the Parol Evidence Rule: Integration and Ambiguity in Contract Interpretation Introduction The case of Margaret B. HALL v. PROCESS INSTRUMENTS AND CONTROL, Inc., adjudicated by the...

Redefining Juror Removal Standards: Utah Supreme Court in STATE v. MENZIES

Date: Jul 21, 1994

Redefining Juror Removal Standards: Utah Supreme Court in STATE v. MENZIES Introduction State of Utah v. Ralph LeRoy Menzies is a pivotal case in Utah's legal landscape, where the Supreme Court of...

Utah Supreme Court Establishes Robust Protection for Editorial Opinions Under State Constitution in Defamation Cases

Date: May 6, 1994

Utah Supreme Court Establishes Robust Protection for Editorial Opinions Under State Constitution in Defamation Cases Introduction In the landmark case of Terry R. WEST v. THOMSON NEWSPAPERS et al.,...

Supreme Court of Utah Abandons Pretext Stop Doctrine, Upholding Traditional Fourth Amendment Standards

Date: Apr 26, 1994

Supreme Court of Utah Abandons Pretext Stop Doctrine, Upholding Traditional Fourth Amendment Standards Introduction In the landmark case of State of Utah v. Gerard Cotero J. Lopez (873 P.2d 1127,...

Affirmation of the Strickland Test and Upholding Prosecutorial Procedures in Habeas Corpus Proceedings: Parsons v. Barnes

Date: Apr 19, 1994

Affirmation of the Strickland Test and Upholding Prosecutorial Procedures in Habeas Corpus Proceedings: Parsons v. Barnes Introduction In Joseph Mitchell Parsons v. M. Eldon Barnes, the Supreme Court...

Standard of Review for Reasonable Suspicion Determinations: STATE of Utah v. Jose Carlos Pena

Date: Feb 16, 1994

Standard of Review for Reasonable Suspicion Determinations: STATE of Utah v. Jose Carlos Pena Introduction STATE of Utah v. Jose Carlos Pena, 869 P.2d 932 (Utah, 1994), is a pivotal case adjudicated...

Willfulness in Utah Securities Fraud: STATE v. LARSEN

Date: Dec 18, 1993

Willfulness in Utah Securities Fraud: STATE v. LARSEN Introduction State of Utah v. C. Dean Larsen, 865 P.2d 1355 (Utah, 1993), is a landmark decision by the Supreme Court of Utah that clarifies the...

Affirming Governmental Immunity in Negligence Claims Involving Assault: Analysis of Higgins v. Salt Lake County

Date: Jun 29, 1993

Affirming Governmental Immunity in Negligence Claims Involving Assault: Analysis of Higgins v. Salt Lake County Introduction Higgins v. Salt Lake County, 855 P.2d 231 (Utah, 1993), is a seminal case...

Utah Supreme Court Establishes Per Se Rule Against Dual Representation in Criminal Defense

Date: Jun 18, 1993

Utah Supreme Court Establishes Per Se Rule Against Dual Representation in Criminal Defense Introduction In the landmark case of State of Utah v. Donald Wayne Brown, the Supreme Court of Utah...

Establishing the Burden of Proof for Mental State in Sexual Exploitation Cases: Analysis of STATE v. WORKMAN

Date: May 1, 1993

Establishing the Burden of Proof for Mental State in Sexual Exploitation Cases: Analysis of STATE v. Workman Introduction In STATE of Utah, Plaintiff and Petitioner, v. David L. Workman and Nita...

Utah Supreme Court Upholds Earth Movement Exclusions in Homeowners Insurance Policies

Date: Apr 9, 1993

Utah Supreme Court Upholds Earth Movement Exclusions in Homeowners Insurance Policies Introduction In the landmark case of Phillip A. Alf and Katherine B. Alf v. State Farm Fire and Casualty Company,...

Modification of Conviction on Appellate Error: The Dunn Case and Lesser Included Offenses

Date: Mar 19, 1993

Modification of Conviction on Appellate Error: The Dunn Case and Lesser Included Offenses Introduction State of Utah v. Robert W. Dunn, 850 P.2d 1201 (Utah Supreme Court, 1993), is a pivotal case in...

Establishing Standards of Review for Consent Following Illegal Entry: Utah v. Thurman

Date: Jan 8, 1993

Establishing Standards of Review for Consent Following Illegal Entry: Utah v. Thurman Introduction In the landmark case of STATE of Utah v. Steven Douglas Thurman, decided by the Supreme Court of...

UT Supreme Court Establishes Preemption of Common Law Claims by Utah Anti-Discriminatory Act in Employment Retaliation Cases

Date: Dec 10, 1992

UT Supreme Court Establishes Preemption of Common Law Claims by Utah Anti-Discriminatory Act in Employment Retaliation Cases Introduction In the landmark case of Retherford v. AT&T Communications of...

State v. Hamilton: Affirmation of Fingerprint Evidence in Murder Convictions

Date: Jan 30, 1992

State v. Hamilton: Affirmation of Fingerprint Evidence in Murder Convictions Introduction In the landmark case of State of Utah v. George Wesley Hamilton, the Supreme Court of Utah upheld Hamilton's...

Establishing "Bonus Value" in Eminent Domain Condemnation: West Valley City v. Majestic Investment Co.

Date: Oct 17, 1991

Establishing "Bonus Value" in Eminent Domain Condemnation: West Valley City v. Majestic Investment Co. Introduction The case of West Valley City, Plaintiff and Appellant, versus Majestic Investment...

Inference of Intent through Circumstantial Evidence and Newly Discovered Evidence in State of Utah v. Steven Ray James

Date: Oct 16, 1991

Inference of Intent through Circumstantial Evidence and Newly Discovered Evidence in State of Utah v. Steven Ray James Introduction State of Utah v. Steven Ray James (819 P.2d 781) is a landmark case...

Utah Supreme Court Establishes Guidelines for Assessing Excessive Punitive Damages in Crookston v. Fire Insurance Exchange

Date: Aug 13, 1991

Utah Supreme Court Establishes Guidelines for Assessing Excessive Punitive Damages in Crookston v. Fire Insurance Exchange Introduction In Crookston v. Fire Insurance Exchange, 817 P.2d 789 (Utah...

MORTON INTERNATIONAL, INC. v. AUDITING DIVISION OF THE UTAH STATE TAX COMMISSION: New Standards for Tax Exemption Eligibility

Date: Jun 25, 1991

MORTON INTERNATIONAL, INC. v. AUDITING DIVISION OF THE UTAH STATE TAX COMMISSION: New Standards for Tax Exemption Eligibility Introduction Morton International, Inc. v. Auditing Division of the Utah...