Utah Case Commentaries

Strict Necessity Standard in Termination of Parental Rights: In the Interest of B.T.B. and B.Z.B.

Date: Jun 23, 2020

Strict Necessity Standard in Termination of Parental Rights: In the Interest of B.T.B. and B.Z.B. Introduction In the Interest of B.T.B. and B.Z.B. is a pivotal case adjudicated by the Supreme Court...

Ripeness and Justiciable Controversies in Constitutional Tax Challenges: The Salt Lake County Decision

Date: May 19, 2020

Ripeness and Justiciable Controversies in Constitutional Tax Challenges: The Salt Lake County Decision Introduction In Salt Lake County, Duchesne County, Uintah County, Washington County, and Weber...

Affirmation of Conviction: Supreme Court of Utah Rules Limited Role of Eyewitness Identification Experts in Ineffective Assistance Claims – Gallegos v. State of Utah

Date: Apr 30, 2020

AFFIRMATION OF CONVICTION: SUPREME COURT OF UTAH RULES LIMITED ROLE OF EYEWITNESS IDENTIFICATION EXPERTS IN INEFFECTIVE ASSISTANCE CLAIMS – GALLEGOS V. STATE OF UTAH Introduction In the landmark case...

Tracy Scott v. State of Utah: Reaffirming the Strickland Standard for Effective Assistance of Counsel

Date: Mar 10, 2020

Tracy Scott v. State of Utah: Reaffirming the Strickland Standard for Effective Assistance of Counsel Introduction In the landmark case State of Utah v. Tracy Scott, 462 P.3d 350 (Utah Supreme Court,...

Affirming the Reasonable Judgment of Defense Counsel in Jury Instruction Objections: State v. Ray

Date: Mar 10, 2020

Affirming the Reasonable Judgment of Defense Counsel in Jury Instruction Objections: State v. Ray Introduction In the landmark decision of State of Utah v. Eric Matthew Ray, 469 P.3d 871 (Utah...

GARDNER v. GARDNER: Fault-Based Alimony Reduction and Its Implications

Date: Oct 16, 2019

GARDNER v. GARDNER: Fault-Based Alimony Reduction and Its Implications Introduction The case of Christina L. Gardner v. Nelson D. Gardner (452 P.3d 1134) adjudicated by the Supreme Court of the State...

Limitations on Medicaid Recovery from Tort Settlements: Insights from Latham v. Office of Recovery Services

Date: Aug 23, 2019

Limitations on Medicaid Recovery from Tort Settlements: Insights from Latham v. Office of Recovery Services Introduction In John R. Latham v. Office of Recovery Services, the Supreme Court of Utah...

New Standard for Municipal Liability Under Utah’s Due Process Clause

Date: Jun 4, 2019

New Standard for Municipal Liability Under Utah’s Due Process Clause Introduction Robert Kuchcinski v. Box Elder County is a landmark case adjudicated by the Supreme Court of the State of Utah on...

Utah Supreme Court Establishes New Standards for Default Interest in Promissory Notes

Date: May 9, 2019

Utah Supreme Court Establishes New Standards for Default Interest in Promissory Notes Introduction The Utah Supreme Court addressed a complex contract dispute in the case of Don Brady, Sinnikka...

Reaffirmation of "Improper Means" in Intentional Interference with Contract Tort: Insights from C.R. England v. Swift Transportation Company

Date: Feb 28, 2019

Reaffirmation of "Improper Means" in Intentional Interference with Contract Tort: Insights from C.R. England v. Swift Transportation Company Introduction In the landmark case of C.R. England,...

Clarifying Appellate Review: Exceptional Circumstances and Issue Preservation in STATE of Utah v. Johnson

Date: Nov 15, 2017

Clarifying Appellate Review: Exceptional Circumstances and Issue Preservation in STATE of Utah v. Johnson Introduction In STATE of Utah v. Michael Waddell Johnson, 416 P.3d 443 (Utah 2017), the...

Adequate Notice and Exhaustion of Remedies in Parking Violations: Bivens v. Salt Lake City

Date: Sep 27, 2017

Adequate Notice and Exhaustion of Remedies in Parking Violations: Bivens v. Salt Lake City Introduction Bivens v. Salt Lake City is a landmark decision by the Supreme Court of Utah, adjudicated on...

Affirmation of Convictions Despite Inherently Improbable Testimony: STATE OF UTAH v. ANTHONY JAMES PRATER

Date: Mar 8, 2017

Affirmation of Convictions Despite Inherently Improbable Testimony: STATE OF UTAH v. ANTHONY JAMES PRATER Introduction The case of STATE OF UTAH v. ANTHONY JAMES PRATER (392 P.3d 398) presents a...

Dahl v. Dahl: Appellate Court Mandates Trust Joinder in Divorce Proceedings and Clarifies Alimony and Attorney Fee Standards

Date: Aug 28, 2015

Dahl v. Dahl: Appellate Court Mandates Trust Joinder in Divorce Proceedings and Clarifies Alimony and Attorney Fee Standards Introduction The case of Charles Dahl, Petitioner and Appellee, v. Kim...

Utah Supreme Court Establishes Enhanced Mens Rea for Unlawful Possession of Identification Documents

Date: Aug 15, 2015

Utah Supreme Court Establishes Enhanced Mens Rea for Unlawful Possession of Identification Documents Introduction The Supreme Court of Utah, in the case of SALT LAKE CITY v. Ricardo Enrique Carrera,...

Utah Supreme Court Upholds Dual Roles of District Court Judges as Magistrates and Judges

Date: Jul 18, 2015

Utah Supreme Court Upholds Dual Roles of District Court Judges as Magistrates and Judges Introduction In the case of State of Utah v. Terry Black, 355 P.3d 981 (Utah Supreme Court, 2015), the Supreme...

Affirmation of Substantial Evidence and Causation in Permanent Total Disability Claims

Date: Feb 7, 2015

Affirmation of Substantial Evidence and Causation in Permanent Total Disability Claims Introduction In the landmark case of Provo City and Workers Compensation Fund v. Utah Labor Commission and Duane...

Rejection of Improper-Purpose Doctrine in Utah Tortious Interference Law

Date: Jan 31, 2015

Rejection of Improper-Purpose Doctrine in Utah Tortious Interference Law Introduction In the landmark case of Joseph Eldridge, Lindsey Eldridge, Harrison Companies, LLC, and Harrison Companies...

Supreme Court of Utah Establishes Strict Pleading Standards in AWBM v. State of Utah

Date: Oct 25, 2014

Supreme Court of Utah Establishes Strict Pleading Standards in AWBM v. State of Utah Introduction The case of America West Bank Members, L.C. (AWBM) v. State of Utah represents a significant...

Merger Doctrine Applied in STATE v. Nielsen: Implications for Aggravated Murder and Kidnapping Convictions

Date: Apr 30, 2014

Merger Doctrine Applied in STATE v. Nielsen: Implications for Aggravated Murder and Kidnapping Convictions Introduction In the landmark case of STATE of Utah v. Cody Lynn Nielsen (326 P.3d 645,...