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  • Commentaries
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Utah Case Commentaries

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

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

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

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

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

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

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

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.

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

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

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

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

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.

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

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

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

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

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

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

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

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...
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