Utah Supreme Court Decisions 2012

Prinsburg v. Abundo  
Date: December 28, 2012
Citation: 2012 UT 94
Docket Number: 20110755

Justia Opinion Summary: Alpine Vision entered into loan agreements with Prinsburg State Bank's predecessor in interest. Several individuals (Guarantors) executed personal guarantees for the loans. Knighton Optical subsequently purchased Alpine...

Ross v. State  
Date: December 21, 2012
Citations: 2012 UT 92, 2012 UT 93
Docket Number: 20090894

Justia Opinion Summary: Defendant as convicted of aggravated murder and attempted aggravated murder. Defendant's conviction was affirmed on appeal, after which he filed a pro se petition seeking relief under the Post-Conviction Remedies act (PC...

Summit Operating v. Utah State Tax Commission
Date: December 21, 2012
Citation: 2012 UT 91
Docket Number: 20110087
Application of Timothy Spencer
Date: December 21, 2012
Citation: 2012 UT 92
Docket Number: 20110745
Salt Lake City Corp. v. Jordan River Restoration Network  
Date: December 14, 2012
Citations: 2012 UT 84, 2012 UT 91
Docket Number: 20110316

Justia Opinion Summary: In 2003, the City of Salt Lake asked voters to approve Proposition No. 5, which proposed the issuance of bonds to finance construction of a regional sports, recreation, and education complex. Voters approved the bonds. I...

Utahns for Ethical Gov't v. Bell  
Date: December 14, 2012
Citation: 2012 UT 90
Docket Number: 20120594

Justia Opinion Summary: Utahns for Ethical Government (UEG), a Utah political action committee, advanced a petition for an initiative to be included in the 2010 statewide general election. Ultimately, UEG's efforts to qualify for the 2010 ballo...

In re A.T.I.G.  
Date: December 11, 2012
Citation: 2012 UT 88
Docket Number: 20100288

Justia Opinion Summary: After Mother was diagnosed with terminal lung cancer, she prepared a testamentary appointment of guardianship and conservatorship of Child in favor of Grandparents. After Mother's death and upon a petition by Grandparent...

VCS, Inc. v. La Salle Dev., LLC  
Date: December 11, 2012
Citation: 2012 UT 89
Docket Number: 20110062

Justia Opinion Summary: In this dispute two companies claimed superior interests in a subdivision property. VCS, Inc. performed work on the subdivision as a general contractor and claimed a valid mechanic's lien on the property. Utah Community...

In the Matter of: J.W. Grimes
Date: December 11, 2012
Citation: 2012 UT 87
Docket Number: 20110171
Winward v. State  
Date: December 7, 2012
Citation: 2012 UT 85
Docket Number: 20101005

Justia Opinion Summary: After a jury trial, Petitioner was convicted of four counts of sodomy on a child and one count of sexual abuse of a child. The convictions were affirmed on direct appeal. Approximately a dozen years later, Petitioner fil...

Utah Down Syndrome Found., Inc. v. Utah Down Syndrome Ass'n  
Date: December 7, 2012
Citation: 2012 UT 86
Docket Number: 20110205

Justia Opinion Summary: This appeal arose from a disgorgement order issued by the district court requiring Attorney to disgorge $30,000 in legal fees he received for his representation of the Utah Down Syndrome Association and its founders and...

In re Gilbert  
Date: December 4, 2012
Citation: 2012 UT 81
Docket Number: 20110004

Justia Opinion Summary: After the Utah State Bar's Office of Professional Conduct began an attorney discipline proceeding against Donald Gilbert, Gilbert moved to implead the Utah Down Syndrome Foundation pursuant to Utah R. Civ. P. 14(a). The...

Summit Operating v. State Tax Comm'n  
Date: December 4, 2012
Citation: 2012 UT 83
Docket Number: 20110087

Justia Opinion Summary: This case required the Supreme Court to determine when a well "started" under Utah Code 59-5-102. Although that statute imposes a severance tax on oil or gas produced from a well, section 59-5-102(5)(c) permits an exempt...

State v. Nguyen  
Date: December 4, 2012
Citation: 2012 UT 80
Docket Number: 20110113

Justia Opinion Summary: A jury convicted Petitioner of aggravated sexual abuse of a child, sodomy on a child, and attempted rape of a child. The court of appeals affirmed. On certiorari, Petitioner argued that the court of appeals erred in affi...

Gladwell v. Reinhart  
Date: December 4, 2012
Citation: 2012 UT 82
Docket Number: 20110257

Justia Opinion Summary: Appellee claimed an exemption in bankruptcy for seventy-five percent of wages that he earned prior to filing his bankruptcy petition but that were either paid to or still owing to Appellee after the date of the petition....

In re Baby Girl T  
Date: November 23, 2012
Citation: 2012 UT 78
Docket Number: 20100546

Justia Opinion Summary: Appellant, the biological father of Baby Girl T., challenged the district court's determination of his rights as a birth father and its grant of a motion in limine preventing his presentation of evidence. The court concl...

Utah Dep't of Transp. v. FPA West Point, LLC  
Date: November 20, 2012
Citation: 2012 UT 79
Docket Number: 20110354

Justia Opinion Summary: This appeal resulted from an action in eminent domain in which the Utah Department of Transportation sought to condemn an access point easement on property owned by FPA West Point. FPA's codefendant and lessee, Kmart Cor...

State v. Harris  
Date: November 9, 2012
Citation: 2012 UT 77
Docket Number: 20100080

Justia Opinion Summary: Defendant was charged with two counts of assault. He appeared for a jury trial and was subsequently convicted of a misdemeanor assault. Defendant appealed, claiming that his jury was assembled in a manner inconsistent wi...

Utah Transit Auth. v. Local 382 of Amalgamated Transit Union  
Date: November 6, 2012
Citation: 2012 UT 75
Docket Number: 20100940

Justia Opinion Summary: This case arose out of collective bargaining negotiations between the Utah Transit Authority (UTA) and Local 382 of the Amalgamated Transit Union (Union). Those negotiations came to a standstill in 2009 when the parties...

Employers' Reinsurance Fund v. Henningson  
Date: November 6, 2012
Citation: 2012 UT 76
Docket Number: 20110033

Justia Opinion Summary: Sunnyside Coal Company (Sunnyside), the Employers' Reinsurance Fund (ERF), and the Workers' Compensation Fund (WCF) (collectively, Petitioners) challenged the Labor Commission's award of permanent total disability benefi...

Pioneer Builders Co. of Nev., Inc. v. KDA Corp.  
Date: November 2, 2012
Citation: 2012 UT 74
Docket Number: 20110050

Justia Opinion Summary: Pioneer Builders financed the purchase of an RV park (Property). At that time, the Property was subject to several existing recorded and unrecorded leases. When Pioneer attempted to foreclose on the property, some of the...

Sierra Club v. Bd. of Oil, Gas, & Mining  
Date: October 23, 2012
Citation: 2012 UT 73
Docket Number: 20100969

Justia Opinion Summary: The Board of Oil, Gas and Mining (Board) affirmed the approval by the Division of Oil, Gas and Mining (Division) of Alton Coal Development's (ACD) mining permit, which allowed ACD to conduct surface coal mining operation...

Suarez v. Grand County  
Date: October 23, 2012
Citation: 2012 UT 72
Docket Number: 20110102

Justia Opinion Summary: This appeal concerned a challenge by a group of citizens (Citizens) to an ordinance passed by the Ground County Council (Council) approving amendments concerning a Planned Unit Development district. The district court gr...

Burns v. Astrue  
Date: October 12, 2012
Citation: 2012 UT 71
Docket Number: 20100435

Justia Opinion Summary: Here the Supreme Court answered a question of Utah law certified to it by the U.S. district court. The question was, "Is a signed agreement to donate preserved sperm to the donor's wife in the event of his death sufficie...

State v. Johnson  
Date: October 5, 2012
Citation: 2012 UT 68
Docket Number: 20090273

Justia Opinion Summary: Defendant entered into a plea agreement in 2005 in which the State promised to not oppose a motion to reduce his convictions. Defendant later filed a motion to reduce his convictions after successfully completing his pro...

Carter v. State  
Date: October 5, 2012
Citation: 2012 UT 69
Docket Number: 20090432

Justia Opinion Summary: In 1985, Appellant was convicted of first degree murder and sentenced to death. In 2006, Appellant filed a successive postconviction petition for relief. In 2009, the district court dismissed Appellant's petition, holdin...

Rahofy v. Steadman Land & Livestock, LLC  
Date: October 5, 2012
Citation: 2012 UT 70
Docket Number: 20110011

Justia Opinion Summary: Plaintiff sued Defendants for injuries sustained in an automobile accident. Defendants mailed Plaintiff a letter asking for her authorization to permit the release of her medical and employment records for the last twent...

Discipline of Nathan Jardine
Date: October 2, 2012
Citation: 2012 UT 67
Docket Number: 20100600
Fundamentalist Church of Jesus Christ of Latter-Day Saints v. Horne  
Date: October 2, 2012
Citation: 2012 UT 66
Docket Number: 20120158

Justia Opinion Summary: In this case the Supreme Court was asked to answer a certified question about whether the Court's discretionary review of a petition for extraordinary writ and subsequent dismissal on laches grounds is a decision on the...

State v. Moore  
Date: September 28, 2012
Citation: 2012 UT 62
Docket Number: 20100202

Justia Opinion Summary: Defendant was convicted of aggravated sexual abuse of a child, a first-degree felony, and dealing in material harmful to a minor, a second-degree felony. Defendant appealed his convictions to the court of appeals, assert...

D.B. v. State  
Date: September 28, 2012
Citation: 2012 UT 65
Docket Number: 20100549

Justia Opinion Summary: The State filed a petition that charge D.B. as a principal with theft and criminal trespass for entering a construction site and removing a pair of bolt cutters. The juvenile court adjudicated D.B. a delinquent as an acc...

Torian v. Craig  
Date: September 28, 2012
Citation: 2012 UT 63
Docket Number: 20100919

Justia Opinion Summary: Appellant brought suit against his former employer, EnvironMax, and its directors to recover the value of shares he received to offset wages owed to him by the company - shares he claimed were diluted by corporate misdee...

In re J. Stoney  
Date: September 28, 2012
Citation: 2012 UT 64
Docket Number: 20110862

Justia Opinion Summary: The Judicial Conduct Commission recommended a reprimand against the Honorable Keith L. Stoney due to the issuance of an excessive warrant. Judge Stoney argued before the Supreme Court that the excessive amount of the war...

State v. Verde  
Date: September 25, 2012
Citation: 2012 UT 60
Docket Number: 20100286

Justia Opinion Summary: Defendant was convicted of sexual abuse of a child. At trial, the court admitted evidence of two prior uncharged sexual assaults by Defendant. On appeal, Defendant challenged the admissibility of that evidence under Utah...

Arnold v. Grigsby  
Date: September 25, 2012
Citation: 2012 UT 61
Docket Number: 20100780

Justia Opinion Summary: Plaintiff underwent several medical procedures performed by Defendants, two medical doctors. Two years and three months after the treatment ended, Plaintiff filed a medical malpractice claim against Defendants. Upon a mo...

State v. Ramirez  
Date: September 18, 2012
Citation: 2012 UT 59
Docket Number: 20110174

Justia Opinion Summary: Defendant was charged with possession of methamphetamine and drug paraphernalia after a search of his motel room. The district court declined to bind Defendant over for trial at a preliminary hearing, concluding that eve...

Grazer v. Jones  
Date: September 14, 2012
Citation: 2012 UT 58
Docket Number: 20110243

Justia Opinion Summary: In 2005, Allen Grazer obtained a judgment against Gordon Jones and Richard Barney for breach of contract. To satisfy the judgment, property held by Jones and Barney was sold at a sheriff's sale and purchased by Grazer's...

Rapela v. Green  
Date: September 11, 2012
Citation: 2012 UT 57
Docket Number: 20100915

Justia Opinion Summary: After Michael G. Kampros's death, Mark Green and Sophie Gibson became trustees of the Michael G. Kampros Family Trust. Willow Rapela, Kampros's daughter and the successor trustee, requested removal of Green and Gibson pu...

WestGate Resorts, Ltd. v. Adel  
Date: September 7, 2012
Citation: 2012 UT 55
Docket Number: 20100425

Justia Opinion Summary: Shawn Adel, a former employee of Westgate Resorts, a timeshare company, formed Consumer Protection Group (CPG) to right perceived wrongs stemming from Westgate's offer of certificates to consumers that were virtually irr...

WestGate Resorts, Ltd. v. Adel  
Date: September 7, 2012
Citation: 2012 UT 56
Docket Number: 20101017

Justia Opinion Summary: This appeal was rooted in a dispute over an arbitration award. Each party had selected an arbitrator, and a third neutral arbitrator was selected by the two party-appointed arbitrators. Appellee argued that the award sho...

Miller v. Utah Dep't of Transp.  
Date: August 31, 2012
Citation: 2012 UT 54
Docket Number: 20100629

Justia Opinion Summary: After an automobile accident caused severe injury to Plaintiffs, Plaintiffs sued the Utah Department of Transportation (UDOT), alleging that it negligently failed to install median barriers at the scene of the accident....

Discipline of Franklin Brussow
Date: August 28, 2012
Citation: 2012 UT 53
Docket Number: 20100206
Jones v. Farmers Ins. Exch.  
Date: August 28, 2012
Citation: 2012 UT 52
Docket Number: 20100951

Justia Opinion Summary: Chad Jones sued his insurance company, Farmers Insurance Exchange, for breach of contract, bad faith breach of contract, and intentional infliction of emotional distress after Farmers denied his claim. Farmers defended b...

Madsen v. JPMorgan Chase Bank, N.A.  
Date: August 24, 2012
Citation: 2012 UT 51
Docket Number: 20120241

Justia Opinion Summary: The procedural background of the extensive litigation underlying this case was discussed in Madsen IV. Following the Supreme Court's decision in that case, Appellant Nancy Madsen filed a new complaint alleging grounds fo...

Commercial Real Estate Inv., LC v. Comcast of Utah II, LLC  
Date: August 10, 2012
Citation: 2012 UT 49
Docket Number: 20090847

Justia Opinion Summary: Comcast of Utah II, Inc. (Comcast) appealed from the district court's grant of partial summary judgment in favor of Commercial Real Estate Investment, LC (CRE). The district court awarded CRE approximately $1.7 million i...

State v. Hutchings  
Date: August 10, 2012
Citation: 2012 UT 50
Docket Number: 20100024

Justia Opinion Summary: Defendant was convicted of aggravated assault and criminal mischief. Defendant appealed his convictions and submitted a hybrid Anders/merits brief. Upon review of Defendant's pro se filings and his counsel's Anders brief...

State v. Greenwood  
Date: August 10, 2012
Citation: 2012 UT 48
Docket Number: 20100632

Justia Opinion Summary: The Supreme Court granted the State's petition for interlocutory review to address whether a court may grant a criminal defendant's request to waive a jury trial over the prosecution's objection. The district court grant...

Shurtleff v. In re United Effort Plan Trust  
Date: August 3, 2012
Citation: 2012 UT 47
Docket Number: 20120300

Justia Opinion Summary: This was an appeal from the probate court's order requiring the State to make an interim payment of the Special Fiduciary's fees incurred in administering the United Effort Plan Trust. The State argued that the probate c...

State v. Maestas  
Date: July 27, 2012
Citation: 2012 UT 46
Docket Number: 20080508

Justia Opinion Summary: Defendant was charged with aggravated murder and aggravated burglary. After being tried and convicted on both charges, he was sentenced to death. On appeal, Defendant raised numerous arguments concerning his convictions,...

Reighard v. Yates  
Date: July 27, 2012
Citation: 2012 UT 45
Docket Number: 20100661

Justia Opinion Summary: Plaintiffs purchased a house from Defendant, who built the house. Plaintiffs later discovered mold in some of the windows and walls and sued Defendant. The jury found in favor of Plaintiffs on their negligence claim but...

Wilson v. IHC Hosps., Inc.  
Date: July 20, 2012
Citation: 2012 UT 43
Docket Number: 20090354

Justia Opinion Summary: This case involved a medical malpractice lawsuit brought by the Wilsons on behalf of their son, Jared. The Wilsons alleged that employees of IHC Hospitals breached their duty of care during Ms. Wilson's labor and deliver...

Maxfield v. Herbert  
Date: July 20, 2012
Citation: 2012 UT 44
Docket Number: 20110425

Justia Opinion Summary: Stephen Maxfield challenged the results of the 2010 gubernatorial election under Utah's election-contest statute, asking the district court to declare him and his running mate the lieutenant governor and governor of Utah...

State v. Jimenez  
Date: July 6, 2012
Citation: 2012 UT 41
Docket Number: 20100162

Justia Opinion Summary: A jury convicted Defendant of aggravated robbery. The jury found that Defendant was subject to a one-year enhancement of his sentence because a dangerous weapon was used in the course of the robbery. The court of appeals...

Moss v. Parr Waddoups Brown Gee & Loveless  
Date: July 6, 2012
Citation: 2012 UT 42
Docket Number: 20100595

Justia Opinion Summary: Plaintiffs brought suit against a law firm and its attorneys for their role in executing civil discovery orders. The orders authorized entry into Plaintiffs' home to seize electronic files from Plaintiffs' computer and o...

Hooban v. Unicity  
Date: July 3, 2012
Citation: 2012 UT 40
Docket Number: 20090932

Justia Opinion Summary: Roger Hooban sued Unicity International for breach of a distribution agreement. The district court entered summary judgment for Unicity, holding that Hooban was not a party to the agreement and lacked standing to sue for...

Gillmor v. Family Link, LLC  
Date: June 29, 2012
Citation: 2012 UT 38
Docket Number: 20100120

Justia Opinion Summary: This dispute centered around two roads owned by the Maceys, their company Family Link, and the remaining defendants (Defendants). Petitioner Nadine Gillmor previously brought suit against the Maceys seeking to interpret...

Jones & Trevor Mktg. v. Lowry  
Date: June 29, 2012
Citation: 2012 UT 39
Docket Number: 20100449

Justia Opinion Summary: Petitioner Jones & Trevor Marketing appealed the dismissal of its suit against the owners of Financial Development Services, Jonathan Lowry and Nathan Kinsella, alleging various contract and tort claims based on an alter...

Blaisdell v. Dentrix Cental Sys., Inc.  
Date: June 26, 2012
Citation: 2012 UT 37
Docket Number: 20100392

Justia Opinion Summary: Dentist purchased dental practice management software from Company to aid his patient data requirement. The contract between Dentist and Company limited Dentist's remedies for damages in tort caused by defects in the Com...

State v. Apotex Corp.  
Date: June 19, 2012
Citation: 2012 UT 36
Docket Number: 20100257

Justia Opinion Summary: The State appealed the dismissal of its complaint against seventeen pharmaceutical companies, which the State alleged defrauded Utah's Medicaid program by reporting inflated drug prices. In its complaint, the State pursu...

In re Baby B.  
Date: June 15, 2012
Citation: 2012 UT 35
Docket Number: 20090740

Justia Opinion Summary: Robert Manzanares, a Colorado resident, challenged the district court's order terminating his parental rights in his biological daughter, "Baby B." The district court held that Manzanares's conset to the adoption of Baby...

State v. Butt  
Date: June 8, 2012
Citation: 2012 UT 34
Docket Number: 20090655

Justia Opinion Summary: Defendant Eric Butt was convicted of distributing harmful materials to a minor when he mailed rudimentary nude drawings of himself to his five-year-old daughter. On appeal, Butt argued that the evidence was insufficient...

Barrientos v. Jones  
Date: June 8, 2012
Citation: 2012 UT 33
Docket Number: 20100277

Justia Opinion Summary: Eighteen-month-old Wonzie Barrientos's mother, Jessica Nelson, was killed in a car accident, the result of a high-speed chase in which an Ogden City police officer pursued a speeding car that ultimately crashed into Nels...

Gregg v. State  
Date: June 1, 2012
Citation: 2012 UT 32
Docket Number: 20090255

Justia Opinion Summary: Petitioner David Gregg was convicted of rape, a first-degree felony. The trial court sentenced Gregg to an indeterminate term of five years to life. The court of appeals affirmed the conviction. Gregg subsequently filed...

Thayer v. Thayer  
Date: May 25, 2012
Citation: 2012 UT 31
Docket Number: 20100648

Justia Opinion Summary: This case arose from a lawsuit in federal district court over the death of fifteen-year-old Tucker Thayer. In that suit, Tucker's parents alleged that Washington County School District officials were negligent when they...

Turner v. Staker  
Date: May 15, 2012
Citation: 2012 UT 30
Docket Number: 20110275

Justia Opinion Summary: In July 2006, Appellee Staker & Parson Companies (Staker) worked as a contractor for the Utah Department of Transportation on an interstate construction project. Appellant Kent Turner sustained serious injuries in a car...

State v. Ruiz  
Date: May 4, 2012
Citation: 2012 UT 29
Docket Number: 20090559

Justia Opinion Summary: Wolfgango Ruiz pled guilty to one count of attempted sexual abuse of a child, a third degree felony. Prior to his sentencing, Ruiz made a request to withdraw his plea on the ground that his original defense counsel had n...

State v. Alexander  
Date: May 4, 2012
Citation: 2012 UT 27
Docket Number: 20090829

Justia Opinion Summary: James Alexander pled guilty to burglary with intent to commit sexual battery. Prior to sentencing, Alexander filed a timely motion to withdraw his guilty plea, arguing (1) the district court failed to apprise him of the...

State v. Moa  
Date: May 4, 2012
Citation: 2012 UT 28
Docket Number: 20090882

Justia Opinion Summary: This appeal encompassed two consolidated cases. In the first case, Charles Moa entered a no contest plea to a third degree felony but later filed motions to withdraw that plea. Moa first stipulated that his plea was take...

Kell v. State  
Date: May 4, 2012
Citation: 2012 UT 25
Docket Number: 20090998

Justia Opinion Summary: Troy Kell was convicted of murder and sentenced to death. Kell subsequently filed a petition for postconviction relief, alleging ineffective assistance of trial counsel, which the district court dismissed. The Supreme Co...

Broderick v. Apartment Mgmt. Consultants, LLC  
Date: May 4, 2012
Citation: 2012 UT 17
Docket Number: 20100276

Justia Opinion Summary: A group of residential tenants (collectively, Tenants) alleged claims of negligence against Canyon Cover Properties, LLC and Apartment Management Consultants, LLC (collectively, AMC). AMC argued that it was relieved from...

B.A.M. v. Salt Lake County  
Date: May 4, 2012
Citation: 2012 UT 26
Docket Number: 20100923

Justia Opinion Summary: This protracted litigation arose out of a real-property exaction imposed on B.A.M. Development, LLC, as a condition of a construction permit for a fifteen-acre residential housing development. Twice the Supreme Court rem...

Mellor v. Wasatch Crest Mut. Ins.  
Date: April 20, 2012
Citation: 2012 UT 24
Docket Number: 20100952

Justia Opinion Summary: Plaintiff's son, Hayden, was involved in a near-drowning accident in which he suffered severe permanent injuries. Plaintiff subsequently sought coverage for the cost of his treatment from Wasatch Crest Mutual Insurance,...

Navajo Nation v. State  
Date: April 13, 2012
Citation: 2012 UT 23
Docket Number: 20100082

Justia Opinion Summary: Upon adjudication of parental neglect, the Division of Child and Family Services (DCFS) took custody of L.O., a child and an enrolled member of the Navajo Nation, and placed L.O. with a foster family. After L.O.'s natura...

McArthur v. State Farm Mut. Auto. Ins. Co.  
Date: April 3, 2012
Citation: 2012 UT 22
Docket Number: 20100847

Justia Opinion Summary: After sustaining injuries in an auto accident, Tavis McArthur filed this suit in federal district court to recover underinsured motorist (UIM) benefits under his State Farm automobile insurance policy. The district court...

Hooban v. Unicity Int'l, Inc.  
Date: March 27, 2012
Citation: 2012 UT 19
Docket Number: 20090932

Justia Opinion Summary: Roger Hooban sued Unicity International for breach of a distribution agreement. The district court entered summary judgment for Unicity, holding that Hooban was not a party to the agreement and lacked standing to sue for...

Bushnell v. Barker  
Date: March 27, 2012
Citation: 2012 UT 20
Docket Number: 201003207

Justia Opinion Summary: When Client allegedly failed to pay Firm as agreed under their contract, Firm sued Client for breach. Client counterclaimed for breach of contract and negligence. Client also filed a third-party complaint against Firm's...

In re Corey
Date: March 27, 2012
Citation: 2012 UT 21
Docket Number: 20100955
Bear Hollow Restoration, LLC v. Utah Pub. Serv. Comm'n  
Date: March 23, 2012
Citation: 2012 UT 18
Docket Number: 20100329

Justia Opinion Summary: One of Summit Water Distribution Company's (SWDC) minority shareholders, Bear Hollow Restoration, filed a complaint requesting a review and investigation of SWDC's exemption from public regulation under the now-repealed...

State v. Prion  
Date: March 20, 2012
Citation: 2012 UT 15
Docket Number: 20090839

Justia Opinion Summary: Lemuel Prion pled guilty and mentally ill to three felony charges pursuant to Utah Code Ann. 77-16-104(3). Under the provisions of the statute, Prion was first sentenced to three terms of varying length, all to be served...

Stern v. Metro. Water Dist.  
Date: March 20, 2012
Citation: 2012 UT 16
Docket Number: 20100339

Justia Opinion Summary: The Point of the Mountain Aqueduct is a sixty-inch diameter pipeline that runs along the Draper Canal and transports culinary water to Salt Lake City and other cities in the Salt Lake Valley. Plaintiffs in this case were...

Richards v. Brown  
Date: March 13, 2012
Citation: 2012 UT 14
Docket Number: 20090980

Justia Opinion Summary: Steve Richards sued his former domestic partner, Diana Brown, seeking to have the relationship declared to be an unsolemnized marriage. The trial court granted partial summary judgment in favor of Brown, holding that Ric...

Warne v. Warne  
Date: March 6, 2012
Citation: 2012 UT 13
Docket Number: 20100125

Justia Opinion Summary: Ira B. Warne executed a partial revocation of and amendment to the Ira B. Warne family protection trust, the purpose of which was to terminate the interest of one of Ira's sons, Thomas Warne, who had been designated as a...

Whitney v. Div. of Juvenile Justice Servs.  
Date: March 6, 2012
Citation: 2012 UT 12
Docket Number: 20100983

Justia Opinion Summary: Dillon Whitney's mother filed a wrongful death suit against the State after Dillon died while in state custody. The State filed a motion to dismiss, arguing that it was exempt from suit under the incarceration exception...

Lopez v. United Auto. Ins. Co.  
Date: February 28, 2012
Citation: 2012 UT 10
Docket Number: 20100054

Justia Opinion Summary: Miriam Salazar purchased an insurance policy from United Automobile Insurance Company and El Sol Insurance Agency (collectively, United), rejecting underinsured motorist (UIM) coverage by signing United's waiver. After S...

Jeffs v. West  
Date: February 28, 2012
Citation: 2012 UT 11
Docket Number: 20110207

Justia Opinion Summary: Patient received medical treatment from Nurse at Medical Clinic. Nurse prescribed Patient at least six medications. With all of these drugs in his system, Patient shot and killed his wife. Patient subsequently pled guilt...

Hansen v. Hansen  
Date: February 3, 2012
Citation: 2012 UT 9
Docket Number: 20090740

Justia Opinion Summary: At issue in this case was a support order that required Petitioner Steven Hansen to pay child support to his ex-wife. Petitioner subsequently sought to redirect his support payments to a homeless shelter where the child...

In re Adoption of Baby B.  
Date: January 27, 2012
Citation: 2012 UT 8
Docket Number: 20090740

Justia Opinion Summary: Appellant Robert Manzanares and Carie Terry conceived a child in Colorado. Appellant filed a paternity action in Colorado, seeking to enjoin any adoption proceeding. In Utah, a couple signed a petition for the adoption o...

State v. Price  
Date: January 27, 2012
Citation: 2012 UT 7
Docket Number: 20090990

Justia Opinion Summary: While driving, Jed Price struck another vehicle, killing a passenger in that vehicle. After he consented to accompany an officer to a police station, a magistrate issued a warrant to seize Price's blood for testing to de...

US Fidelity v. US Sports Specialty
Date: January 24, 2012
Citation: 2012 UT 3
Docket Number: 20090657
Taylor v. State  
Date: January 24, 2012
Citation: 2012 UT 5
Docket Number: 20090771

Justia Opinion Summary: Von Lester Taylor pled guilty to two capital homicide charges and was sentenced to death. A Utah R. App. P. 23B hearing was later held before the district court, after which the court rejected all of Taylor's claims of i...

Judson v. Wheeler RV Las Vegas, LLC  
Date: January 24, 2012
Citation: 2012 UT 6
Docket Number: 20090938

Justia Opinion Summary: Plaintiffs William and Donna Judson secured a default judgment against Wheeler RV Las Vegas on a complaint asserting breach of contract and misrepresentation claims arising out of the Judsons' purchase of a recreational...

Alliant Techsystems, Inc. v. Salt Lake Bd. of Equalization  
Date: January 20, 2012
Citation: 2012 UT 4
Docket Number: 20100029

Justia Opinion Summary: At issue in this appeal was the Privilege Tax Statute, which provides that an entity may be taxed on the privilege of beneficially using or possessing property in connection with a for-profit business when the owner of t...

U.S. Fid. & Guar. Co. v. U.S. Sports Specialty Ass'n  
Date: January 13, 2012
Citations: 2012 UT 3, 2012 UT 3 -->
Docket Number: 20090657

Justia Opinion Summary: The parents of a child who suffered an injury during an adult softball game sued the United States Specialty Association (USSSA) and several other defendants. At the time of the accident, USSSA was insured by United Stat...

Carter v. Lehi City  
Date: January 10, 2012
Citation: 2012 UT 2
Docket Number: 20110482

Justia Opinion Summary: Petitioners in this case were Lehi City voters who sought to place on the municipal ballot initiatives regulating salaries and residency requirements for certain city employees. The City refused to accept the initiatives...

Ohio Casualty Ins. Co. v. Unigard Ins. Co.  
Date: January 6, 2012
Citation: 2012 UT 1
Docket Number: 20090340

Justia Opinion Summary: Ohio Casualty insured Cloud Nine from 2001 to 2002. Unigard Insurance insured Cloud Nine from 2002 to 2005. Edizone, LC sued Cloud Nine in federal district court, alleging injuries that began during the last three months...

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