Utah Supreme Court Decisions 2014
Date: December 30, 2014
Citation: 2014 UT 61
Docket Number: 20130384
Justia Opinion Summary: After a jury trial, Defendant was found guilty of one count of murder and two counts of aggravated robbery. Upon sentencing Defendant, the trial court failed to comply with Utah R. Crim. P. 22(c)(1) by not informing…
Date: December 23, 2014
Citation: 2014 UT 59
Docket Number: 20120427
Justia Opinion Summary: Utah law provides that shareholders may dissent from certain corporate transactions and that the corporation must pay the dissenting shareholders “fair value” for their shares. Two minority shareholders of Utah Resources…
Date: December 23, 2014
Citation: 2014 UT 60
Docket Number: 20130131
Justia Opinion Summary: Utah Resources International, Inc. (URI) conducted a share consolidation transaction, and two minority shareholders dissented. URI petitioned the district court to determine the fair value of the shares. After the…
Date: December 19, 2014
Citation: 2014 UT 58
Docket Number: 20121004
Justia Opinion Summary: Lane Myers Construction agreed to build two separate homes for Dick and Kym Kyker. The Kykers obtained a construction loan through National City Bank. The bank periodically paid Lane Myers on draw request forms that…
Date: December 12, 2014
Citation: 2014 UT 57
Docket Number: 20120538
Date: December 9, 2014
Citation: 2014 UT 56
Docket Number: 20120554
Justia Opinion Summary: After Kenneth Vanderwerff’s death, Janetta Gardiner, Vanderwerff’s romantic partner for the three years before his death, filed a petition for a “judicial declaration of common law marriage.” The district court granted…
Date: November 25, 2014
Citation: 2014 UT 55
Docket Number: 20130195
Justia Opinion Summary: After Plaintiff was terminated from his employment with NCR Corporation, Plaintiff brought suit, alleging thirteen causes of action. The district court dismissed eleven of Plaintiff’s claims pursuant to Utah R. Civ. P.…
Date: November 25, 2014
Citation: 2014 UT 54
Docket Number: 20140828
Justia Opinion Summary: In 2014, the City of Draper passed and adopted a Resolution that levied a tax on property located within the Traverse Ridge Special Service District. Petitioners, five residents, collected certified voter signatures and…
Date: November 21, 2014
Citation: 2014 UT 53
Docket Number: 20130016
Justia Opinion Summary: Plaintiff, a student at Utah Valley State College (UVSC), was injured while practicing with the state-owned college’s ballroom dance team. Plaintiff sued UVSC, alleging negligence. The district court dismissed the…
Date: November 21, 2014
Citation: 2014 UT 52
Docket Number: 20131146
Justia Opinion Summary: In 2013, the Utah Public Service Commission (PSC) approved power purchase agreements between PacifiCorp and two small power producers. Under these agreements, PacifiCorp’s Rocky Mountain Power division would become…
Date: November 4, 2014
Citation: 2014 UT 51-->
Docket Number: 20120751
Justia Opinion Summary: In order to object to an adoption under the Utah Adoption Act, unwed biological fathers must not just assert and establish paternity but must also file a sworn affidavit attesting that they are able and willing to…
Date: October 24, 2014
Citation: 2014 UT 49
Docket Number: 20120456
Justia Opinion Summary: This case stemmed from the district court’s approval of the Utah Department of Financial Institutions’ (UDFI) seizure of America West Bank Members, L.C. (Bank) and the appointment of the Federal Deposit Insurance…
Date: October 24, 2014
Citation: 2014 UT 46
Docket Number: 20120748
Justia Opinion Summary: In 2011, the Utah legislature passed S.B. 165, which altered the requirements for placing an initiative on the ballot. Appellants in this case were sponsors of a local initiative petition. After attempting,…
Date: October 24, 2014
Citation: 2014 UT 48
Docket Number: 20130275
Justia Opinion Summary: Defendant was charged with several crimes involving sexual conduct with a minor. L.N., the alleged victim on each charge, sought to intervene by filing a notice of a claim for restitution. The State filed a parallel…
Date: October 24, 2014
Citation: 2014 UT 47
Docket Number: 20130475
Justia Opinion Summary: Utah Code 76-10-503 criminalizes possession of a “dangerous weapon” by a restricted person. Defendant was convicted under section 76-10-503 for having a pocketknife among his personal belongings, which he carried with…
Date: October 21, 2014
Citation: 2014 UT 44
Docket Number: 20120975
Justia Opinion Summary: Defendant was charged with one count of aggravated sexual assault and two counts of domestic violence in the presence of a minor arising out of his attack on his wife in the presence of the parties’ four-year-old…
Date: October 21, 2014
Citation: 2014 UT 43
Docket Number: 20120985
Justia Opinion Summary: Lisa Allred alleged that she sustained second and third-degree burns as a result of a lithotripsy procedure performed by Dr. Ronald Saunders. Lisa and Marlin Allred brought a medical malpractice suit against American…
Date: October 17, 2014
Citation: 2014 UT 50
Docket Number: 20120843
Justia Opinion Summary: Defendant was convicted of five securities law violations and one count of maintaining a pattern of unlawful activity related to an investment scheme. The court of appeals reversed Defendant’s securities law convictions,…
Date: October 10, 2014
Citation: 2014 UT 42
Docket Number: 20140197
Justia Opinion Summary: Plaintiffs filed a medical malpractice action against Defendant, and the claims brought by one of the plaintiffs were referred to arbitration. After an arbitration panel issued its decision but prior to the district…
Date: October 3, 2014
Citation: 2014 UT 41
Docket Number: 20130612
Justia Opinion Summary: Plaintiff sued Defendant. The district court granted Defendant’s motion for summary judgment in a summary judgment ruling but did not enter an order implementing the summary judgment ruling. Defendant subsequently filed…
Date: September 23, 2014
Citation: 2014 UT 40
Docket Number: 20120290
Justia Opinion Summary: Nearly twenty years ago Appellant was convicted of first degree murder and sentenced to death. After Appellant’s conviction and sentence were affirmed on direct appeal, Appellant unsuccessfully sought post-conviction…
Date: September 19, 2014
Citation: 2014 UT 39
Docket Number: 20120829
Justia Opinion Summary: Petitioner was convicted of aggravated kidnapping, aggravated assault, and cruelty to an animal. Petitioner was sentenced to life without the possibility of parole (LWOP) for the aggravated kidnapping conviction.…
Date: September 19, 2014
Citation: 2014 UT 38
Docket Number: 20120843
Justia Opinion Summary: After a jury trial, Defendant was convicted of five securities law violations and one count of maintaining a pattern of unlawful activity related to an investment scheme. The court of appeals reversed Defendant’s five…
Date: September 5, 2014
Citation: 2014 UT 37
Docket Number: 20130342
Justia Opinion Summary: Defendant pled no contest to patronizing a prostitute in Layton City after negotiating a plea in abeyance agreement. The agreement contained the condition that Defendant would commit “no violations of law.” Defendant was…
Date: August 29, 2014
Citation: 2014 UT 35
Docket Number: 20120831
Justia Opinion Summary: James Garside acquired shares in South Despain Ditch Company in contravention of corporate restrictions on transferability of South Despain shares. After the sale, South Despain refused to issue certificates in Garside’s…
Date: August 29, 2014
Citation: 2014 UT 36
Docket Number: 20130413
Justia Opinion Summary: In 2009, Petitioner entered a plea in abeyance to a charge of lewdness that ultimately culminated in a conviction. In 2010, Petitioner was convicted of a second act of lewdness. In 2011 and 2012, Petitioner was subject…
Date: August 26, 2014
Citation: 2014 UT 34
Docket Number: 20111002
Justia Opinion Summary: Defendant pled guilty to one count of attempted aggravated sexual abuse of a child. The district court neither conducted a preliminary hearing nor obtained a waiver of Defendant’s right to a preliminary hearing. After…
Date: August 26, 2014
Citation: 2014 UT 33
Docket Number: 20130583
Justia Opinion Summary: Under the terms of a plea agreement Defendant agreed to plead guilty to a second-degree felony. Defendant and his wife appeared in court for their joint preliminary hearing, but a preliminary hearing never occurred.…
Date: August 8, 2014
Citation: 2014 UT 32
Docket Number: 20120792
Justia Opinion Summary: Appellant and her two siblings owned certain parcels of land in Park City as tenants in common with United Park City Mines (UPCM). Appellant and UPCM decided jointly to develop the parcels, and Wasatch County approved…
Date: July 29, 2014
Citation: 2014 UT 31
Docket Number: 20120018
Justia Opinion Summary: In 2002, Appellant, a Mexican native and a lawful permanent resident of the United States, pleaded guilty to felony theft. Eight years later, deportation proceedings were initiated against Appellant, in part due to…
Date: July 15, 2014
Citation: 2014 UT 30
Docket Number: 20130119
Justia Opinion Summary: Plaintiff was the owner of a boat that he docked in the marina at Jordanelle Reservoir. One day in 2008, Plaintiff walked out onto the floating dock and was injured when his boat “heaved” and struck him, shattering his…
Date: July 11, 2014
Citation: 2014 UT 29
Docket Number: 20110512
Justia Opinion Summary: After law enforcement officers discovered child pornography on Defendant’s computer, they applied for and obtained a federal search warrant to search the computer. Defendant subsequently pled guilty to five counts of…
Date: July 8, 2014
Citation: 2014 UT 28
Docket Number: 20120461
Justia Opinion Summary: Plaintiffs filed a complaint against America West Bank, L.C. (the Bank) alleging, among other claims, improper acceptance of unauthorized signatures. The Bank tendered defense of the claim to its insurer under the terms…
Date: July 8, 2014
Citation: 2014 UT 27
Docket Number: 20120799
Justia Opinion Summary: Under Utah’s Governmental Immunity Act, plaintiffs who have a claim against a governmental “employee” for acts committed during the performance of the employee’s duties must file a notice of claim within one year after…
Date: June 27, 2014
Citation: 2014 UT 26
Docket Number: 20120213
Justia Opinion Summary: The State filed a juvenile court petition seeking an adjudication that Appellant had abused and neglected his three children. Near the end of the sixty-day statutory deadline for a hearing on the State’s petition, all…
Date: June 24, 2014
Citation: 2014 UT 24
Docket Number: 20120414
Justia Opinion Summary: The Utah Department of Transportation (UDOT) condemned a fifteen-acre parcel owned by Michael Carlson despite the fact that it needed just over one acre for its planned project. At issue in this case was whether Utah…
Date: June 24, 2014
Citation: 2014 UT 25
Docket Number: 20121009
Justia Opinion Summary: US Oil Sands, Inc. applied for a discharge permit from the Utah Board of Water Quality (BWQ) for its tar sands bitumen-extraction project. In 2008, the BWQ issued the discharge permit. The 2008 decision was reaffirmed by…
Date: June 20, 2014
Citation: 2014 UT 21
Docket Number: 20120229
Justia Opinion Summary: Mark Johnson and Elizabeth Johnson married in 1974 and divorced a decade later. Mark retired in 1999. In 2008, Elizabeth filed a qualified domestic relations order attempting to secure her portion of Mark’s retirement…
Date: June 20, 2014
Citation: 2014 UT 23
Docket Number: 20120809
Justia Opinion Summary: Kelly Colvin was killed in an automobile accident while returning to Utah from a work project in Maryland. The accident occurred when Colvin was a passenger in a vehicle driven by his coworker, Joseph Giguere. Colvin’s…
Date: June 20, 2014
Citation: 2014 UT 22
Docket Number: 20130073
Justia Opinion Summary: John Dorsey filed a series of unemployment claims for time periods when he was in Mexico during the offseason of his employment at a Utah resort. Because he was considered a seasonal employee Dorsey was granted a…
Date: June 17, 2014
Citation: 2014 UT 20
Docket Number: 20100993
Justia Opinion Summary: The trustee of the United Effort Plan Trust filed a complaint against the City of Hildale and the Twin City Water Authority (TCWA) (together, Appellants) to compel the subdivision of certain parcels of Trust property…
Date: May 30, 2014
Citation: 2014 UT 19
Docket Number: 20110620
Justia Opinion Summary: Petitioner was convicted of aggravated murder and sentenced to death. The Supreme Court affirmed the conviction and sentence. Petitioner subsequently filed a petition for postconviction relief, alleging that his counsel…
Date: May 23, 2014
Citation: 2014 UT 18
Docket Number: 20120760
Date: May 20, 2014
Citation: 2014 UT 17
Docket Number: 20111056
Justia Opinion Summary: Defendant pled guilty to unlawful sexual conduct with a minor. Defendant later moved to withdraw his guilty plea based upon ineffective assistance of counsel and a violation of Utah R. Crim. P. 11, arguing that his plea…
Date: May 16, 2014
Citation: 2014 UT 16
Docket Number: 20110389
Justia Opinion Summary: After a jury trial, Frank and Joan Steed, husband and wife, were each convicted of three counts of failure to file a proper tax return and one count of engaging in a pattern of unlawful activity. The failure-to-file…
Date: May 13, 2014
Citation: 2014 UT 15
Docket Number: 20090751
Justia Opinion Summary: After a jury trial, Appellant was convicted of murder and child abuse for the death of her two-year-old son, Alex. Appellant appealed her convictions on several grounds. The Supreme Court affirmed, holding (1) a…
Date: May 9, 2014
Citation: 2014 UT 13
Docket Number: 20120156
Justia Opinion Summary: Energy Claims Limited (ECL), a British Virginia Island company, was the assignee of certain claims of Eneco, Inc. (Eneco), a now defunct Utah corporation. ECL filed suit in Utah district court, asserting Eneco’s claims…
Date: May 2, 2014
Citation: 2014 UT 12
Docket Number: 20120145
Justia Opinion Summary: This action concerned the sale of certain property to Plaintiffs. The property was sold by Robert Rood, who, together with his company Level One Capital Partners, LLC, originated loans funded by Southern Management…
Date: April 29, 2014
Citation: 2014 UT 10
Docket Number: 20080709
Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated murder, desecration of a body, kidnapping, and aggravated kidnapping. Defendant was sentenced to life without parole for his murder conviction. Defendant…
Date: April 29, 2014
Citation: 2014 UT 11
Docket Number: 20120455
Justia Opinion Summary: Defendant pled guilty to criminally negligent automobile homicide and driving under the influence of alcohol, reserving his right to challenge the denial of his motion to suppress evidence obtained through a blood draw.…
Date: March 7, 2014
Citation: 2014 UT 7
Docket Number: 20100908
Justia Opinion Summary: The State charged Defendant with various crimes, including aggravated burglary and aggravated assault. After the jury was empaneled and sworn and on the second day of trial, the trial judge announced that she was…
Date: March 7, 2014
Citation: 2014 UT 8
Docket Number: 20120488
Justia Opinion Summary: Robert Baird sought a civil stalking injunction against his mother, Gloria Baird, because Gloria contacted him almost every day. The district court granted a three-year injunction, determining that Gloria’s nearly daily…
Date: February 25, 2014
Citation: 2014 UT 6
Docket Number: 20120268
Justia Opinion Summary: Christopher Carlton, a Pennsylvania resident, was in a relationship with Shalanda Brown, who was pregnant with Carlton’s child. Unbeknownst to Carlton, Brown traveled to Utah, where she gave birth to a baby girl and…
Date: February 25, 2014
Citation: 2014 UT 5
Docket Number: 20120349
Justia Opinion Summary: Plaintiffs, employees of Kane County Hospital, sued various parties, including Utah Retirement Systems (URS), based on the Hospital’s alleged failure to adequately fund their retirement benefits as required by the Utah…
Date: February 7, 2014
Citation: 2014 UT 4
Docket Number: 20100882
Justia Opinion Summary: Appellant was convicted of lewdness involving a child and sexual exploitation of a minor by distribution of child pornography for dropping his pants in front of two young girls, exposing a toddler-sized diaper he was…
Date: January 31, 2014
Citation: 2014 UT 3
Docket Number: 20120426
Justia Opinion Summary: The Utah Occupational Safety and Health Division (UOSH) cited and fined Hughes General Contractors, which oversaw a construction project involving over 100 subcontractors, for a subcontractor’s violation on the project.…
Date: January 28, 2014
Citation: 2014 UT 2
Docket Number: 20120452
Justia Opinion Summary: The Church of Jesus Christ of Latter-day Saints (the Church) established a help line, which Church clergy could call when they became aware of possible abuse. Plaintiff filed a personal injury suit against the Church,…
Date: January 24, 2014
Citation: 2014 UT 1
Docket Number: 20120692
Justia Opinion Summary: After a jury trial, Defendant was convicted of sexual battery, a misdemeanor. Before trial, the district court ruled that evidence of other sexual misconduct allegations against Defendant was inadmissible. However,…
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