Utah Case Commentaries

Assignment Agreements Must Clearly Convey Assumption of Liabilities: Winegar v. Froerer

Date: May 18, 1991

Assignment Agreements Must Clearly Convey Assumption of Liabilities: Winegar v. Froerer Introduction Winegar v. Froerer Corporation is a pivotal case decided by the Supreme Court of Utah on May 17,...

Implied Covenant of Good Faith in At-Will Employment: Brehany v. Nordstrom, Inc.

Date: May 17, 1991

Implied Covenant of Good Faith in At-Will Employment: Brehany v. Nordstrom, Inc. Introduction Brehany v. Nordstrom, Inc., 812 P.2d 49 (Utah 1991), is a pivotal case adjudicated by the Supreme Court...

Reinforcing the Implied Covenant of Good Faith in Commercial Leasing: Insights from St. Benedict's Development Co. v. St. Benedict's Hospital

Date: May 7, 1991

Reinforcing the Implied Covenant of Good Faith in Commercial Leasing: Insights from St. Benedict's Development Co. v. St. Benedict's Hospital Introduction The case of St. Benedict's Development...

Ramirez v. State of Utah (1991): Mandating Explicit Judicial Findings on Stop and Seizure to Uphold Due Process

Date: Apr 24, 1991

Ramirez v. State of Utah (1991): Mandating Explicit Judicial Findings on Stop and Seizure to Uphold Due Process Introduction In the landmark case of State of Utah v. Livio Alphonso Ramirez (817 P.2d...

Effective Assistance of Counsel: Failure to Investigate Defense Witnesses in State v. Templin

Date: Feb 7, 1991

Effective Assistance of Counsel: Failure to Investigate Defense Witnesses in State v. Templin Introduction State of Utah v. Kenneth Templin, 805 P.2d 182 (Utah, 1991), addresses a critical issue in...

Substantial Evidence Standard Established in Grace Drilling Co. v. Board of Review

Date: Jun 3, 1989

Substantial Evidence Standard Established in Grace Drilling Co. v. Board of Review Introduction The case of Grace Drilling Company v. Board of Review of the Industrial Commission of Utah (776 P.2d...

Enhancing Evidentiary Standards in Child Sexual Abuse Cases: Insights from State v. Rimmasch

Date: May 18, 1989

Enhancing Evidentiary Standards in Child Sexual Abuse Cases: Insights from State v. Rimmasch Introduction The case of State of Utah, Plaintiff and Appellee, v. Phillip Rimmasch, Defendant and...

Strict Guidelines for Jury Instructions in Capital Sentencing: Analysis of STATE OF UTAH v. DOUGLAS CARTER

Date: May 13, 1989

Strict Guidelines for Jury Instructions in Capital Sentencing: Analysis of STATE OF UTAH v. DOUGLAS CARTER Introduction The case of State of Utah v. Douglas Carter, decided by the Supreme Court of...

Implied Covenant of Good Faith in At-Will Employment: Insights from Berube v. Fashion Centre

Date: Apr 29, 1989

Implied Covenant of Good Faith in At-Will Employment: Insights from Berube v. Fashion Centre Introduction Berube v. Fashion Centre, Ltd., DBA Fashion Gal of Ogden is a landmark case adjudicated by...

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

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.

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

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

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

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

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

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

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

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

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...