Utah Supreme Court Decisions 2011

State v. Arave  
Date: December 30, 2011
Citation: 2011 UT 84
Docket Number: 20090880

Justia Opinion Summary: Lonnie Arave approached an eleven-year-old boy and offered to pay him if he would agree to let Arave perform oral sex on him. At trial, Arave moved to dismiss a charge of attempted sodomy on a child, asserting that his c...

Stone Flood & Fire Restoration, Inc. v. Safeco Ins. Co.  
Date: December 30, 2011
Citation: 2011 UT 83
Docket Number: 20100175

Justia Opinion Summary: In 2000, a fire destroyed a business location of Stone Flood and Fire Restoration Inc., spurring years of litigation with its insurer, Safeco Insurance Company of America. After Stone Flood and its two shareholders, Jame...

Aequitas Enters., LLC v. Interstate Inv. Group, LLC  
Date: December 23, 2011
Citation: 2011 UT 82
Docket Number: 20090947

Justia Opinion Summary: Aequitas Enterprises and Interstate Investment Group entered into a real estate contract for the sale of 388 properties, all located outside the state. Aequitas subsequently sued Interstate Investment for breach of contr...

Carranza v. United States  
Date: December 20, 2011
Citation: 2011 UT 80
Docket Number: 20090409

Justia Opinion Summary: After giving birth to a stillborn male, Father and Mother filed suit against the United States in federal district court, alleging medical negligence and requesting damages for their pain and suffering, for the wrongful...

State v. Maxwell  
Date: December 20, 2011
Citation: 2011 UT 81
Docket Number: 20090906

Justia Opinion Summary: During an investigation by the Utah Attorney General's Task Force on Internet Crimes against Children (ICAC), ICAC agents discovered that child pornography had been downloaded through an IP address belonging to David Max...

Berman v. Yarbrough  
Date: December 20, 2011
Citation: 2011 UT 79
Docket Number: 20100085

Justia Opinion Summary: Daniel Berman asked the district court for a declaratory judgment quantifying his Utah water rights and an injunction ordering a Wyoming water official to deliver this water to his property in Wyoming. The district court...

Goggin v. Goggin  
Date: December 16, 2011
Citation: 2011 UT 76
Docket Number: 20090294

Justia Opinion Summary: Husband and Wife divorced in 2005. During the pendency of the divorce proceedings, Wife brought a separate civil suit seeking various forms of equitable relief and monetary damages, which the district court granted. At i...

Gladwell v. Reinhart  
Date: December 16, 2011
Citation: 2011 UT 77
Docket Number: 20091087

Justia Opinion Summary: Utah's exemption statute provides that a retirement plan "that is described in" I.R.C. 401(a) is exempt from a debtor's bankruptcy estate. Upon filing for bankruptcy, Douglas Reinhart claimed that the funds in his Keogh...

State v. Harding  
Date: December 16, 2011
Citation: 2011 UT 78
Docket Number: 20100291

Justia Opinion Summary: Tina Harding was one of three passengers in a vehicle that was stopped by a law enforcement officer. The driver gave the officer her consent to search the vehicle. Without inquiring about who owned them, the officer proc...

State v. Harrison  
Date: December 13, 2011
Citation: 2011 UT 74
Docket Number: 20090975

Justia Opinion Summary: Defendant pleaded guilty to attempted murder of the unborn child of a juvenile mother. The charge and plea were based on the allegation that Defendant tried to kill the child by punching Mother in the abdomen in exchange...

State v. J.M.S.  
Date: December 13, 2011
Citation: 2011 UT 75
Docket Number: 20091015

Justia Opinion Summary: The State filed a delinquency petition alleging that a seventeen-year-old girl had engaged in criminal solicitation to commit murder after she asked a stranger to punch her in the stomach to terminate her pregnancy. The...

Archuleta v. Galetka  
Date: November 22, 2011
Citation: 2011 UT 73
Docket Number: 20070256

Justia Opinion Summary: Michael Archuleta was convicted of first degree murder and sentenced to death. This opinion consolidated analysis from the fourth and fifth times the Supreme Court entertained appeals by Archuleta. The Supreme Court reaf...

Donjuan v. McDermott  
Date: November 22, 2011
Citation: 2011 UT 72
Docket Number: 20100012

Justia Opinion Summary: Father and Mother, who were not married, gave birth to a child. Father filed a paternity petition but failed to include a sworn affidavit stating that he was willing to pay child support and take custody of the child. Mo...

Essential Botanical v. Kay  
Date: November 15, 2011
Citation: 2011 UT 71
Docket Number: 20090922

Justia Opinion Summary: This case concerned a dispute over a parcel of land situated between adjoining landowners, Defendant and Plaintiff. Plaintiff was the record owner of the property, but Defendant and its predecessors-in-interest occupied...

State v. Hernandez  
Date: November 8, 2011
Citation: 2011 UT 70
Docket Number: 20090080

Justia Opinion Summary: Victor Hernandez was charged with four Class A misdemeanor offenses. Hernandez filed a request for a preliminary hearing. The district court denied Hernandez's request because it concluded that the right to a preliminary...

Patterson v. Patterson  
Date: November 1, 2011
Citation: 2011 UT 68
Docket Number: 20100011

Justia Opinion Summary: Shortly before she passed away, Darlene Patterson executed an amendment to the Darlene Patterson Family Protection Trust, which removed Darlene's son, Ronald Patterson, as a beneficiary. After Darlene died, Ronald filed...

Warne v. Warne  
Date: November 1, 2011
Citation: 2011 UT 69
Docket Number: 20100125

Justia Opinion Summary: Ira Warne executed a partial revocation of and amendment to the Ira Warne Family Protection Trust, the purpose of which was to terminate the interest of one of Ira's sons, Tom Warne, who had been designated as a benefici...

Jensen v. Jones  
Date: October 28, 2011
Citation: 2011 UT 67
Docket Number: 20090742

Justia Opinion Summary: Marilyn Hamblin, the owner of a water right as an alleged tenant in common, filed a permanent change application with the state engineer, seeking to change her water right's place of use and point of diversion. The engin...

Anderson v. Kriser  
Date: October 25, 2011
Citation: 2011 UT 66
Docket Number: 20091032

Justia Opinion Summary: David and Kristine Anderson purchased an undeveloped lot of land from Country Living Development. After constructing a home on the lot, the Andersons' home developed structural problems resulting from excessive settling...

Young Living Essential Oils, L.C. v. Marin  
Date: October 21, 2011
Citation: 2011 UT 64
Docket Number: 20090875

Justia Opinion Summary: Young Living Essential Oils entered into an agreement with Carlos Marin under which Marin would act as a distributor of Young Living's products. Young Living later filed suit against Marin, asserting breach of contract f...

Myers v. Myers  
Date: October 21, 2011
Citation: 2011 UT 65
Docket Number: 20100341

Justia Opinion Summary: Husband and Wife divorced pursuant to a divorce decree that required Husband to pay monthly alimony to Wife. Wife later moved in with her parents and developed a relationship with one of her parents' foster children, M.H...

Utah Dep't of Transp. v. Admiral Beverage Corp.  
Date: October 18, 2011
Citation: 2011 UT 62
Docket Number: 20081054

Justia Opinion Summary: The Utah Department of Transportation (UDOT) condemned real property belonging to Admiral Beverage Corporation, and Admiral was entitled to compensation from the State for the taking of its property. During the condemnat...

L.C. Canyon Partners v. Salt Lake County  
Date: October 18, 2011
Citation: 2011 UT 63
Docket Number: 20090569

Justia Opinion Summary: L.C. Canyon filed an application with Salt Lake County to rezone several acres of its property to allow the construction of a residence on the property. The County Planning Commission recommended its approval to the Salt...

Workers Comp. Fund v. Argonaut Ins. Co.  
Date: October 4, 2011
Citation: 2011 UT 61
Docket Number: 20100211

Justia Opinion Summary: The underlying dispute in this appeal revolved around the issue of who was contractually obligated to pay workers' compensation benefits to an employee of Employer. The Supreme Court found that Employer's Insurer was req...

State v. Johnson  
Date: September 30, 2011
Citation: 2011 UT 59
Docket Number: 20090659

Justia Opinion Summary: Terry Johnson was convicted of murdering his child's babysitter. The court of appeals affirmed. Johnson subsequently filed a petition for postconviction relief, challenging, among other things, his counsel's effectivenes...

State v. Bosh  
Date: September 30, 2011
Citation: 2011 UT 60
Docket Number: 20100530

Justia Opinion Summary: Defendant Money & More Inc. (M&M) allegedly maintained and operated a Ponzi scheme. Pursuant to a petition filed by the State, the district court issued a temporary restraining order freezing Defendants' assets and later...

Ivory Homes, Ltd. v. Utah Tax Comm'n  
Date: September 27, 2011
Citation: 2011 UT 54
Docket Number: 20090679

Justia Opinion Summary: Ivory Homes purchased various concrete products from a company that, when it delivered the products, provided an invoice that charged a single sales price without indicating separate delivery charges. Ivory Homes then di...

State v. Jeffs
Date: September 27, 2011
Citation: 2011 UT 56
Docket Number: 20090737
State v. Parduhn
Date: September 27, 2011
Citation: 2011 UT 55
Docket Number: 20090744
State v. Davis  
Date: September 27, 2011
Citation: 2011 UT 57
Docket Number: 20090816

Justia Opinion Summary: Three cases, including State v. Davis, State v. Jeffs, 2011 UT 56, and State v. Parduhn, 2011 UT 55, were consolidated in this opinion. All three cases came to the Supreme Court on interlocutory appeal and involved nearl...

Salt Lake Legal Defender Ass'n v. Third District Court (Atherton)  
Date: September 27, 2011
Citation: 2011 UT 58
Docket Number: 20100066

Justia Opinion Summary: Judge Judith Atherton presided over a criminal proceeding involving an indigent defendant in which Atherton ordered the Salt Lake Legal Defender Association (LDA) to provide funding for the defendant's expert. LDA was no...

State v. Lovell  
Date: August 30, 2011
Citation: 2011 UT 52
Docket Number: 20061025

Justia Opinion Summary: Douglas Lovell pleaded guilty to aggravated murder. Lovell subsequently moved to withdraw his plea. The district court initially held that Lovell's motion was untimely, but the Supreme Court reversed and remanded for con...

State v. Walker  
Date: August 30, 2011
Citation: 2011 UT 53
Docket Number: 20090150

Justia Opinion Summary: Chanzy Walker was involved in an accident that killed one person. The detectives investigating the incident obtained a warrant from a magistrate judge to draw and test Walker's blood. A blood sample from Walker revealed...

R.E. v. B.B.  
Date: August 23, 2011
Citation: 2011 UT 51
Docket Number: 20090638

Justia Opinion Summary: In this case the juvenile court terminated Father's parental rights to T.E., his biological child, after finding that Father had abandoned T.E. The court of appeals affirmed, concluding that, even if Father did not aband...

Equine Assisted Growth & Learning Ass'n v. Carolina Casualty Ins. Co.  
Date: August 16, 2011
Citation: 2011 UT 49
Docket Number: 20090676

Justia Opinion Summary: When it was sued by its former president and CEO, the Equine Assisted Growth and Learning Association (EAGALA) requested coverage for the costs of its defense from its insurance carrier, Carolina Casualty. Carolina Casua...

Marion Energy, Inc. v. KFJ Ranch P'ship  
Date: August 16, 2011
Citation: 2011 UT 50
Docket Number: 20090796

Justia Opinion Summary: Appellants, Marion Energy and the State of Utah School and Institutional Trust Lands Administration, leased and owned oil and gas deposits lying underneath property owned by the KFJ Ranch Partnership. In order to build a...

Sanpete America, L.L.C. v. Willardsen  
Date: August 16, 2011
Citation: 2011 UT 48
Docket Number: 20090616

Justia Opinion Summary: Sanpete America purchased 110 acres of farmland and water rights from Christian Willardsen pursuant to a land purchase agreement and a warranty deed. After discovering problems with respect to the conveyance of the water...

State v. Allgier  
Date: August 9, 2011
Citation: 2011 UT 47
Docket Number: 20090261

Justia Opinion Summary: Curtis Allgier was charged with aggravated murder, disarming a peace officer, aggravated escape, aggravated robbery, and aggravated attempted murder. While Allgier's case was pending, the district court received a letter...

In re R.B.F.S.  
Date: August 2, 2011
Citation: 2011 UT 46
Docket Number: 20090836

Justia Opinion Summary: Mother and Stepfather filed a petition in the district court to terminate the parental rights of Father. At the same time, Stepfather filed an adoption petition in which he sought to adopt Father's children. The district...

Allen v. Moyer  
Date: July 29, 2011
Citation: 2011 UT 44
Docket Number: 20090841

Justia Opinion Summary: Andrew Allen filed a complaint against Melissa Moyer in small claims court for property damage arising out of an automobile accident. The small claims court awarded Allen a judgment for the damage to his car. After Moyer...

Summit Water Distrib. Co. v. Utah State Tax Comm'n  
Date: July 29, 2011
Citation: 2011 UT 43
Docket Number: 20090921

Justia Opinion Summary: Summit Water was a mutual water company providing culinary grade water to residential and commercial shareholders. After the Utah State Tax Commission audited Summit Water's annual property tax affidavit and concluded th...

Pyper v. Bond  
Date: July 29, 2011
Citation: 2011 UT 45
Docket Number: 20091025

Justia Opinion Summary: David Pyper hired attorney Justin Bond to represent him in a probate matter. Bond's law firm subsequently sued Pyper to obtain payment of the attorney fees. The district court entered a judgment in favor of the law firm...

Doyle v. Doyle  
Date: July 22, 2011
Citation: 2011 UT 42
Docket Number: 20090989

Justia Opinion Summary: After a Robin Doyle and Doug Doyle obtained a litigated custody decree, Robin petitioned the trial court for a modification of the custody of her son, maintaining that there had been a substantial and material change in...

State v. Morris  
Date: July 22, 2011
Citation: 2011 UT 40
Docket Number: 20090835

Justia Opinion Summary: A highway patrol trooper noticed a car driven by Vance Morris did not have a visible license plate. Once he pulled Morris over, the trooper realized the car had a valid temporary registration tag displayed in its rear wi...

Park v. Stanford  
Date: July 22, 2011
Citation: 2011 UT 41
Docket Number: 20091082

Justia Opinion Summary: This case concerned the application of payments made in connection with a real estate transaction between Kang Park and Marsha Park and Gary Stanford. The district court granted summary judgment to the Parks, determining...

In Re Baby E.Z.  
Date: July 19, 2011
Citation: 2011 UT 38
Docket Number: 20090625

Justia Opinion Summary: Baby E.Z., the child of John Wyatt and the birth mother, who were never married, was born in Virginia. After the birth, the birth mother consented to an adoption, after which Wyatt initiated custody and visitation procee...

Selvig v. Blockbuster Enterprises, L.C.  
Date: July 19, 2011
Citation: 2011 UT 39
Docket Number: 20090494

Justia Opinion Summary: Barbara and Steven Selvig, as sellers, and Blockbuster Enterprises, as buyer, entered into a real estate purchase contract for the purchase of a bed and breakfast. The contract specified that the deed to the property wou...

State v. Lovell  
Date: July 12, 2011
Citation: 2011 UT 36
Docket Number: 20061025

Justia Opinion Summary: Defendant Douglas Lovell was convicted of aggravated murder. Following the entry of his guilty plea, Lovell moved to withdraw it. The district court initially held the motion was untimely, but the Supreme Court reversed...

Marion Energy, Inc. v. KFJ Ranch P'ship  
Date: July 12, 2011
Citation: 2011 UT 37
Docket Number: 20090796

Justia Opinion Summary: Appellants Marion Energy (Marion) and the State of Utah School and Institutional Trust Lands Administration (the Trust) leased and owned oil and gas deposits that lay underneath property owned by the KFJ Ranch Partnershi...

Meadow Valley v. UDOT  
Date: July 12, 2011
Citation: 2011 UT 35
Docket Number: 20090025

Justia Opinion Summary: The Utah Department of Transportation (UDOT) contracted with Meadow Valley Contractors (MVC) for a highway construction project. MVC subcontracted the paving work to Southwest Asphalt Paving. After UDOT refused to allow...

Iverson v. State Farm  
Date: July 1, 2011
Citation: 2011 UT 34
Docket Number: 20081016

Justia Opinion Summary: Carter and Glenada Iverson were killed in a head-on collision with an underinsured motorist while driving a vehicle covered by their policy with State Farm. The personal representative of the Iversons' estate requested t...

Salt Lake City Corp. v. Big Ditch Irrigation Co.  
Date: June 28, 2011
Citation: 2011 UT 33
Docket Number: 20090757

Justia Opinion Summary: In a 1905 water exchange agreement, Big Ditch Irrigation Company conveyed its Big Cottonwood Creek water right to the Salt Lake City Corporation in exchange for the City's commitment to supply Big Ditch with a specified...

Long v. Ethics & Discipline Committee
Date: June 21, 2011
Citation: 2011 UT 32
Docket Number: 20091020
Jensen v. Jones  
Date: June 17, 2011
Citation: 2011 UT 31
Docket Number: 20090742

Justia Opinion Summary: Marilyn Hamblin, the owner of a water right, filed a permanent change application with the state engineer seeking to change her water right's place of use and point of diversion. The state engineer denied the application...

State v. Robinson  
Date: June 10, 2011
Citation: 2011 UT 30
Docket Number: 20090015

Justia Opinion Summary: Chance Robinson was charged with unlawful possession or use of a controlled substance based on the presence of methamphetamine in his bloodstream. The charge was grounded on provisions of the Utah Controlled Substances A...

In re Oliver
Date: June 7, 2011
Citation: 2011 UT 29
Docket Number: 20100213
T-Mobile v. Tax Comm'n and Counties, et al.  
Date: June 3, 2011
Citation: 2011 UT 28
Docket Number: 20090308

Justia Opinion Summary: Several Utah counties appealed a tax court's valuation of T-Mobile's taxable Utah property, arguing the valuation did not give proper deference to the Commission's prior assessments, erroneously excluded the value of goo...

State v. Lenkart
Date: May 17, 2011
Citation: 2011 UT 27
Docket Number: 20090369
Haik v. City  
Date: May 10, 2011
Citation: 2011 UT 26
Docket Number: 20090451

Justia Opinion Summary: Defendant Sandy City and Plaintiffs Mark Haik and several others all hold deeds to the same water right. Sandy City recorded a sales agreement for the right in 1977, but did not record the deed until 2004. The Plaintiffs...

Plaintiff v. Defendant  
Date: May 6, 2011
Citation: 2011 UT 24
Docket Number: 20090369

Justia Opinion Summary: Defendant-Appellant Jeffrey Lenkart was charged with rape, forcible sodomy and two counts of sexual abuse. A jury convicted him on all counts, and he was sentenced to concurrent prison terms. Following his sentencing hea...

Oak Lane Homeowners Association v. Griffin  
Date: May 6, 2011
Citation: 2011 UT 25
Docket Number: 20090837

Justia Opinion Summary: The Oak Lane Homeowners Association (the Association) sought review of the appellate court’s judgment in favor of Defendants Dennis and Renae Griffin. The previous owners of the Griffins’ property “had an understanding”...

State v. Clark  
Date: April 29, 2011
Citation: 2011 UT 23
Docket Number: 20090525

Justia Opinion Summary: Victims-Appellants T.C. and N.C. are the minor victims of sexual abuse perpetrated by their adopted older brother Zachariah Clark. As part of the restitution ordered during sentencing, the trial court required the defend...

Hess v. Canberra  
Date: April 26, 2011
Citation: 2011 UT 22
Docket Number: 20090266

Justia Opinion Summary: Appellees Mark and Marilyn Hesse purchased an undeveloped subdivision of land owned by Canberra Development Company (CDC) in February 2004. Appellees constructed their home on the lot. After moving into their new home, A...

Utah v. White  
Date: April 19, 2011
Citation: 2011 UT 21
Docket Number: 20090322

Justia Opinion Summary: Petitioner-Defendant Brenda White was charged with the attempted murder of her ex-husband after she chased him and hit him with her car at his workplace. Petitioner filed a pretrial motion asking the judge to instruct th...

Boyle v. Christensen
Date: April 15, 2011
Citation: 2011 UT 20
Docket Number: 20090822
Bahr v. Imus
Date: April 1, 2011
Citation: 2011 UT 19
Docket Number: 20090646
State v. Hernandez
Date: March 29, 2011
Citation: 2011 UT 16
Docket Number: 20090080
Jensen v. Cunningham et al
Date: March 29, 2011
Citation: 2011 UT 17
Docket Number: 20090277
Selman v. Box Elder County
Date: March 29, 2011
Citation: 2011 UT 18
Docket Number: 20090479
Drew v. Lee
Date: March 15, 2011
Citation: 2011 UT 15
Docket Number: 20080798
Benjamin v. Tax Commission
Date: March 4, 2011
Citation: 2011 UT 14
Docket Number: 20090126
Angilau v. Winder
Date: March 1, 2011
Citation: 2011 UT 13
Docket Number: 20090677
State v. Dominguez
Date: March 1, 2011
Citation: 2011 UT 11
Docket Number: 20090410
State v. Sosa
Date: March 1, 2011
Citation: 2011 UT 12
Docket Number: 20091033
Brian Brent Olsen v. Eagle Mountain City
Date: February 18, 2011
Citation: 2011 UT 10
Docket Number: 20090831
Holladay v. Brown
Date: February 1, 2011
Citation: 2011 UT 9
Docket Number: 20090050
Acor v. SLC School Dist.
Date: January 28, 2011
Citation: 2011 UT 9
Docket Number: 20091014
Acor v. SLC School Dist.
Date: January 28, 2011
Citation: 2011 UT 8
Docket Number: 20091014
In re Kunkler Trust
Date: January 21, 2011
Citation: 2011 UT 7
Docket Number: 20090514
State v. Munguia
Date: January 14, 2011
Citation: 2011 UT 5
Docket Number: 20090215
Neff v. Neff
Date: January 14, 2011
Citation: 2011 UT 6
Docket Number: 20080850
State v. Angilau
Date: January 7, 2011
Citation: 2011 UT 3
Docket Number: 20090538
State v. Bozung
Date: January 7, 2011
Citation: 2011 UT 2
Docket Number: 20080480
General Construction v. Peterson Plumbing
Date: January 7, 2011
Citation: 2011 UT 1
Docket Number: 20080998
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