Utah Supreme Court Decisions 2015

State v. Guard  
Date: December 31, 2015
Citation: 2015 UT 96
Docket Number: 20140039

Justia Opinion Summary: After a jury trial, Defendant was convicted of child kidnapping and sentenced to a term of ten years to life. During trial, Defendant moved to put on an expert in eyewitness testimony. The motion was denied because Defen...

State v. Cuttler  
Date: December 24, 2015
Citation: 2015 UT 95
Docket Number: 20130919

Justia Opinion Summary: Defendant was charged with vaginally raping and orally and anally sodomizing his seven-year-old daughter. The State sought to introduce evidence pursuant to Utah R. Evid. 404(c) that Defendant had previously vaginally ra...

Mind & Motion v. Celtic Bank  
Date: December 16, 2015
Citation: 2015 UT 94
Docket Number: 20131168

Justia Opinion Summary: Mind & Motion Utah Investments, LLC entered into a real estate purchase contract (REPC) with Celtic Bank to buy a piece of property the Bank had acquired from a developer through foreclosure. The prior owner and received...

DIRECTV v. Utah State Tax Comm’n  
Date: December 15, 2015
Citation: 2015 UT 93
Docket Number: 20130742

Justia Opinion Summary: Utah’s pay-TV sales tax scheme provides a sales tax credit for an amount equal to fifty percent of the franchise fees paid by pay-TV providers to local municipalities for use of their public rights-of-way. Satellite prov...

In re K.C.  
Date: November 24, 2015
Citation: 2015 UT 92
Docket Number: 20140786

Justia Opinion Summary: K.C., a minor child, was removed from the custody of her mother. Nearly seventeen months after K.C. had originally been removed from Mother’s custody and after a permanency hearing, the juvenile court terminated reunific...

Irving Place Assocs. v. 628 Park Ave, LLC  
Date: November 13, 2015
Citation: 2015 UT 91
Docket Number: 20130937

Justia Opinion Summary: 628 Park Avenue, LLC filed a complaint asserting claims for unlawful detainer, breach of a promissory note, breach of lease, and declaratory relief against James Ring and other defendants. A default judgment was entered...

State v. Anderson  
Date: October 28, 2015
Citation: 2015 UT 90
Docket Number: 20130511

Justia Opinion Summary: Defendant was parked on the side of a highway with his hazard lights flashing when two sheriff’s deputies stopped to check on his welfare. The officers subsequently discovered marijuana in Defendant’s vehicle. The State...

Osguthorpe v. ASC Utah, Inc.  
Date: October 13, 2015
Citation: 2015 UT 89
Docket Number: 20130861

Justia Opinion Summary: For several years ASC Utah, Inc. operated a ski resort on land adjacent to that owned by Plaintiffs. Plaintiffs authorized ASC to use their land in exchange for an annual payment. Plaintiffs filed this action asserting t...

State v. Bond  
Date: September 30, 2015
Citation: 2015 UT 88
Docket Number: 20130361

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated murder and aggravated kidnapping, among other crimes. The Supreme Court affirmed Defendant’s convictions, holding (1) Defendant failed to establish that prosecuto...

Flowell Elec. Ass’n v. Rhodes Pump, LLC  
Date: September 25, 2015
Citation: 2015 UT 87
Docket Number: 20130834

Justia Opinion Summary: Brian Wade, in the course of servicing a well situated under a high voltage line owned by Flowell Electric Association and Dixie Escalante Rural Electric Association, Inc. (collectively, Flowell), came into contact with...

Gricius v. Cox  
Date: September 23, 2015
Citation: 2015 UT 86
Docket Number: 20150581

Justia Opinion Summary: Petitioners, four of the prospective sponsors of a proposed referendum petition, asserted that they prepared and attempted to submit a referendum application but were denied the opportunity based on Utah Code 20A-7-302,...

Rawlings v. Rawlings  
Date: September 22, 2015
Citation: 2015 UT 85
Docket Number: 20130744

Justia Opinion Summary: Donald Rawlings, the eldest of five siblings, claimed full ownership of farmland deeded to him by his father. Donald’s siblings sought to maintain a constructive trust over the farm property and its equal division among...

Ray v. Wal-Mart Stores, Inc.  
Date: September 17, 2015
Citation: 2015 UT 83
Docket Number: 20130940

Justia Opinion Summary: Plaintiffs, several employees of Wal-Mart, were involved in physical confrontations with shoplifting customers and were ultimately fired for violating company policy. Plaintiffs filed this action against Wal-Mart in fede...

Jones v. Jones  
Date: September 16, 2015
Citation: 2015 UT 84
Docket Number: 20130815

Justia Opinion Summary: The paternal grandparents of I.J. filed a petition for visitation after the grandparents and I.J.’s mother disagreed over visitation. After a trial, the court ruled in favor of the grandparents, concluding that they had...

State v. Clopten
Date: September 4, 2015
Citation: 2015 UT 82
Docket Number: 20111020
Helf v. Chevron U.S.A., Inc.  
Date: September 3, 2015
Citation: 2015 UT 81
Docket Number: 20130700

Justia Opinion Summary: Appellant, who worked at an oil refinery operated by Chevron U.S.A., Inc., was instructed by her immediate supervisor to add sulfuric acid to an open-air pit containing waste products from the refinery. When Appellant di...

Innosys v. Mercer  
Date: August 28, 2015
Citation: 2015 UT 80
Docket Number: 20110261

Justia Opinion Summary: Defendant worked for Plaintiff, a technology company, as an engineer. During and after her employment with Plaintiff, Defendant forwarded confidential emails to her private Gmail account, copied a confidential business p...

Dahl v. Dahl  
Date: August 27, 2015
Citation: 2015 UT 79
Docket Numbers: 20100683, 20111077

Justia Opinion Summary: In 2010, the divorce court entered a decree of divorce dissolving the marriage of Charles Dahl and Kim Dahl. Kim appealed, challenging several of the district court’s rulings in the divorce case. Kim also appealed the di...

State v. Steed  
Date: August 25, 2015
Citation: 2015 UT 76
Docket Number: 20110441

Justia Opinion Summary: The State sought and received an order freezing more than $3 million of Frank and Joan Steed’s assets under Utah’s Asset Preservation Statute. The State subsequently filed criminal charges against the Steeds and sought a...

Schroeder v. Utah Attorney General’s Office  
Date: August 25, 2015
Citation: 2015 UT 77
Docket Number: 20121057

Justia Opinion Summary: Plaintiff filed a public records request under the Government Records Access and Management Act (GRAMA) seeking bank records the State had legally seized during a criminal investigation. The district court denied the req...

Washington County Sch. Dist. v. Labor Comm'n  
Date: August 25, 2015
Citation: 2015 UT 78
Docket Number: 20130847

Justia Opinion Summary: Steven Brown suffered a back injury while working as a school bus driver for the Washington County School District. Brown received workers’ compensation for this injury. In 2007, Brown was reinjured while attending a loc...

Utley v. Mill Man Steel, Inc.  
Date: August 20, 2015
Citation: 2015 UT 75
Docket Number: 20130162

Justia Opinion Summary: Employer, a steel mill, fired Employee on suspicion that Employee had misappropriated steel from the company. In firing him, Employer refused to pay Employee the commissions he claimed to have earned, asserting that it c...

Rupp v. Moffo  
Date: August 14, 2015
Citation: 2015 UT 71
Docket Number: 20130377

Justia Opinion Summary: Angie Moffo lived rent free for eight years in a home owned by her brother-in-law, Doug Rich. After Rich filed for Chapter 7 bankruptcy, the appointed bankruptcy trustee, Stephen Rupp, filed suit against Moffo for back r...

State v. Rasabout  
Date: August 14, 2015
Citation: 2015 UT 72
Docket Number: 20130430

Justia Opinion Summary: After a jury trial, Defendant was convicted of twelve felony counts of unlawful discharge of a firearm. The charges stemmed from Defendant’s act of firing twelve shots at a house in a gang-related drive-by shooting. The...

Salt Lake City v. Carrera  
Date: August 14, 2015
Citation: 2015 UT 73
Docket Number: 20130800

Justia Opinion Summary: After a jury trial, Defendant was found guilty of interference with an arresting peace officer and unlawful possession of another’s identification documents. Defendant appealed his conviction for unlawfully possessing an...

Meza v. State  
Date: August 14, 2015
Citation: 2015 UT 70
Docket Number: 20130962

Justia Opinion Summary: Pursuant to a plea-in-abeyance agreement, Defendant pled no contest to charges of possession and use of a controlled substance and possession of drug paraphernalia. Defendant successfully complied with the terms of the a...

State v. Hon. Christiansen  
Date: August 14, 2015
Citation: 2015 UT 74
Docket Number: 20131107

Justia Opinion Summary: This case involved a certification and statement of facts requesting a grand jury filed by the Salt Lake County District Attorney. After a hearing, a special panel of five district judges denied the State’s request, find...

In re B.Y.  
Date: August 11, 2015
Citation: 2015 UT 67
Docket Number: 20130088

Justia Opinion Summary: Jake Strickland was involved in a sexual relationship with W.P. while W.P. was married to someone else. When W.P. became pregnant, W.P. informed Strickland that he was the father. W.P. represented to Strickland that she...

Robinson v. Taylor  
Date: August 11, 2015
Citation: 2015 UT 69
Docket Number: 20130463

Justia Opinion Summary: Plaintiffs brought this medical malpractice action against Defendant, a medical doctor, for the wrongful death of their deceased father. A jury found that Defendant breached the standard of care and that this breach was...

Decker Lake Ventures v. Utah State Tax Comm'n  
Date: August 11, 2015
Citation: 2015 UT 66
Docket Number: 20130757

Justia Opinion Summary: In an equalization proceeding before the Utah State Tax Commission, Decker Lake Ventures, LLC sought a reduction of the assessed valuation of its property under Utah Code 59-2-1006. Under this statute, the Commission is...

Smith v. United States  
Date: August 11, 2015
Citation: 2015 UT 68
Docket Number: 20131030

Justia Opinion Summary: Plaintiff filed suit against the United States in a federal district court alleging that medical staff at the VA medical center in Salt Lake City negligently caused his son’s death. The district court certified two quest...

State v. Schmidt  
Date: August 10, 2015
Citation: 2015 UT 65
Docket Number: 20130326

Justia Opinion Summary: Defendant was charged with eleven counts related to his alleged sexual abuse of C.E. The State requested that a magistrate bind Defendant over for trial. After a hearing, the magistrate concluded that the evidence was so...

Pang v. Int’l Document Servs.  
Date: August 5, 2015
Citation: 2015 UT 63
Docket Number: 20120983

Justia Opinion Summary: Plaintiff, an attorney, filed a complaint against his employer, alleging that he was terminated for refusing to violate the Utah Rules of Professional Conduct. Specifically, Plaintiff alleged that he was fired for refusi...

Scott v. Universal Indus. Sales  
Date: August 5, 2015
Citation: 2015 UT 64
Docket Number: 20130257

Justia Opinion Summary: Utah County established an off-site work-release program for potentially dangerous inmates in its custody and screened each inmate before placing them with employers. Shawn Michael Leonard escaped while on the work-relea...

State v. Nelson  
Date: July 31, 2015
Citation: 2015 UT 62
Docket Number: 20100157

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of aggravated murder and one count of theft by receiving a stolen motor vehicle. Defendant was sentenced to life in prison without the possibility of parole on th...

Winward v. State  
Date: July 30, 2015
Citation: 2015 UT 61
Docket Number: 20130743

Justia Opinion Summary: In 1993, Appellant was convicted of sodomizing his girlfriend’s sons and with sexually assaulting a neighbor’s child. In 2009, Appellant filed a petition for post-conviction relief alleging that counsel provided ineffect...

Jones v. Mackey Price Thompson & Ostler  
Date: July 28, 2015
Citation: 2015 UT 60
Docket Number: 20130135

Justia Opinion Summary: At dispute in this case was compensation paid to Attorney by Law Firm for work Attorney performed on several class-action contingency fee cases involving the weight-loss pill Fen-Phen. Attorney was paid approximately fif...

Fu v. Rhodes  
Date: July 23, 2015
Citation: 2015 UT 59
Docket Number: 20130622

Justia Opinion Summary: In 2006 and 2007, Respondent lent Petitioners, a group of real estate investors, over $170,000. When the real estate bubble burst the next year, Petitioners defaulted on the loans. Following more than a year of pretrial...

Pinder v. State  
Date: July 21, 2015
Citation: 2015 UT 56
Docket Number: 20121038

Justia Opinion Summary: Appellant was convicted of two counts of aggravated murder and related crimes. The Supreme Court affirmed. Thereafter, Appellant filed a petition for relief under the Post-Conviction Remedies Act (PCRA), claiming that ne...

Discipline of Alvin Lundgren
Date: July 21, 2015
Citation: 2015 UT 58
Docket Number: 20130739
Zeller v. Nixon  
Date: July 21, 2015
Citation: 2015 UT 57
Docket Number: 20130775

Justia Opinion Summary: In this personal injury action arising out of an automobile accident, Robert and Terri Zeller filed a complaint against Charlotte Nixon alleging claims for negligence and loss of consortium. The Zellers submitted their c...

Orlando Millenia, LC v. United Title Servs. of Utah, Inc.  
Date: July 17, 2015
Citation: 2015 UT 55
Docket Number: 20130190

Justia Opinion Summary: Orlando Millenia (Plaintiff), the lender on a multi-million dollar real estate transaction, filed this suit alleging that United Title Services of Utah, Inc. breached its fiduciary duty as an escrow agent in the property...

State v. Black  
Date: July 17, 2015
Citation: 2015 UT 54
Docket Number: 20130758

Justia Opinion Summary: Defendant was charged with aggravated murder, child kidnapping, and rape of a child. The case was assigned to Judge Kouris. Two weeks before the preliminary hearing, defense counsel filed a petition to evaluate Defendant...

Endow v. UTA, et al.
Date: July 17, 2015
Citation: 2015 UT 0
Docket Number: 20140024
Cox v. Cox
Date: July 17, 2015
Citation: 2015 UT 0
Docket Number: 20150261
Utah Transit Auth. v. Greyhound Lines, Inc.  
Date: July 10, 2015
Citation: 2015 UT 53
Docket Number: 20131076

Justia Opinion Summary: This case involved a lease agreement between Greyhound Lines, Inc., the lessee, and Utah Transit Authority (UTA), the lessor, for a section of UTA’s intermodal transportation facility (intermodal hub). The insurance proc...

State v. Smith
Date: June 26, 2015
Citation: 2015 UT 52
Docket Number: 20150036
State v. Smith  
Date: June 25, 2015
Citation: 2015 UT 52
Docket Number: 20150036

Justia Opinion Summary: Appellant pleaded guilty to first-degree murder in 1988. Appellant later filed a motion to withdraw his plea. The district court denied the motion on the merits. The Supreme Court affirmed. In 2014, Appellant filed a mot...

In the Matter of the Discipline of Nathan N. Jardine
Date: June 19, 2015
Citation: 2015 UT 51
Docket Number: 20130289
Barneck v. Utah Dep’t of Transp.  
Date: June 12, 2015
Citation: 2015 UT 50
Docket Number: 20130429

Justia Opinion Summary: During a rainstorm a culvert under a state road became obstructed, causing water to back up on the side of the road. Utah Department of Transportation (UDOT) workers tried to unclog the culvert but were unsuccessful and...

State v. Robertson
Date: June 9, 2015
Citation: 2015 UT 44
Docket Number: 20140268
St. Jeor v. Kerr Corp.  
Date: May 22, 2015
Citation: 2015 UT 49
Docket Number: 20130913

Justia Opinion Summary: Plaintiff filed a wrongful death suit related to her husband’s exposure to asbestos. Plaintiff served numerous defendants within within 120 days of filing in accordance with the service-of-process provisions of Utah R. C...

Davis & Sanchez, PLLC v. Univ. of Utah Health Care  
Date: April 21, 2015
Citation: 2015 UT 47
Docket Number: 20130747

Justia Opinion Summary: Law Firm represented an employee in a workers’ compensation claim. Under a settlement agreement, the employee received a disability payment, part of which was earmarked as attorney fees. Defendant also agreed to pay the...

Coroles v. State  
Date: April 20, 2015
Citation: 2015 UT 48
Docket Number: 20130217

Justia Opinion Summary: Plaintiff sued several entities she believed to be responsible for her husband’s death. As required by the Utah Health Care Malpractice Act, Plaintiff first presented her malpractice claims to a prelitigation panel. Duri...

VCS Inc. v. Countrywide Home Loans, Inc.  
Date: April 14, 2015
Citation: 2015 UT 46
Docket Number: 20111092

Justia Opinion Summary: At issue in this case was the effect of a subordination agreement between fewer than all of the creditors who hold an interest in the same collateral. Appellant VCS, Inc. provided labor and materials to improve real prop...

State v. Reece  
Date: April 14, 2015
Citation: 2015 UT 45
Docket Number: 20120883

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated murder, aggravated burglary, possession of a weapon by a restricted person, and obstruction of justice. The Supreme Court affirmed, holding (1) the trial court er...

State v. Kay  
Date: March 31, 2015
Citation: 2015 UT 43
Docket Number: 20120299

Justia Opinion Summary: In two separate cases, the State charged Defendant with multiple counts of communications fraud and one count of a pattern of unlawful activity. The district court (1) dismissed the first case on statute-of-limitations g...

State v. Taylor  
Date: March 31, 2015
Citation: 2015 UT 42
Docket Number: 20130556

Justia Opinion Summary: Defendant was charged with multiple counts of securities fraud and theft based on his alleged operation of a Ponzi scheme. Defendant filed a motion to dismiss, claiming that eight of the ten charges were time barred unde...

L.G. v. State  
Date: March 27, 2015
Citation: 2015 UT 41
Docket Number: 20130863

Justia Opinion Summary: While Mother was incarcerated, Father cared for the couple’s children. Following an adjudication of neglect, the district court approved a service plan for Father that included reunification services but did not order th...

State v. Houston  
Date: March 13, 2015
Citation: 2015 UT 40
Docket Number: 20120625

Justia Opinion Summary: Defendant was seventeen and a half when he murdered a staff member of the residential treatment center for youth where he was temporarily residing. Defendant pleaded guilty to aggravated murder. The jury, after consideri...

State v. Houston  
Date: February 24, 2015
Citation: 2015 UT 36
Docket Number: 20120683

Justia Opinion Summary: Appellant was seventeen and one-half years old when he murdered the victim in this case. Appellant pleaded guilty to aggravated murder, and the parties proceeded to a sentencing hearing before a jury. Following the sente...

Garver v. Rosenberg  
Date: February 24, 2015
Citation: 2015 UT 39
Docket Number: 20140197

Justia Opinion Summary: David Garver and Katheryn Garver filed a medical malpractice action against several medical providers. The claims brought by David were referred to arbitration. The Garvers filed an appeal after the arbitration panel iss...

State v. Ririe
Date: February 20, 2015
Citation: 2015 UT 37
Docket Number: 20080625
State v. Ririe  
Date: February 20, 2015
Citation: 2015 UT 37
Docket Number: 20120638

Justia Opinion Summary: A police officer filed a citation issued against Appellant for an open container offense in justice court, thus initiating a criminal case against Appellant. After Appellant failed to appear or forfeit bail on her justic...

Carter v. State  
Date: February 20, 2015
Citation: 2015 UT 38
Docket Number: 20130517

Justia Opinion Summary: Appellant was convicted of first-degree murder and sentenced to death. After appealing, Appellant began pursuing postconviction relief. More than two years after Appellant’s second petition for postconviction relief unde...

In re Adoption of J.M.S.  
Date: February 6, 2015
Citation: 2015 UT 35
Docket Number: 20120683

Justia Opinion Summary: Father and Mother conceived a child together in Pennsylvania. Due to their age difference, the sexual relationship between Mother and Father was prohibited by Pennsylvania criminal law. Mother placed the child for adopti...

Provo City v. Utah Labor Comm’n  
Date: February 6, 2015
Citation: 2015 UT 32
Docket Number: 20120724

Justia Opinion Summary: Duane Serrano was injured in a car accident while driving a truck within the scope of his employment with Provo City. More than four years later, Serrano quit his job. Serrano subsequently applied for permanent total dis...

Nevares v. M.L.S.  
Date: February 6, 2015
Citation: 2015 UT 34
Docket Number: 20120763

Justia Opinion Summary: Child was conceived in Colorado. Mother later traveled to Utah where she gave birth to Child and placed it for Adoption. Mother never told Father of her plans to come to Utah and to proceed with the adoption in Utah. Aft...

Sawyer v. Dep’t of Workforce Servs.  
Date: February 6, 2015
Citation: 2015 UT 33
Docket Number: 20120850

Justia Opinion Summary: Amy Sawyer was a special education teacher for the Jordan School District. When Sawyer received a failing score for her second Jordan Performance Appraisal System (JPAS) evaluation, Sawyer was informed that she would be...

State v. Griffin  
Date: January 30, 2015
Citation: 2015 UT 18
Docket Number: 20090520

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder. The jury returned a sentence of life without parole. Defendant appealed and also filed motions to remand under Utah R. App. P. 23 and 23B. The Supreme C...

State v. Jones  
Date: January 30, 2015
Citation: 2015 UT 19
Docket Number: 20100555

Justia Opinion Summary: After a jury trial, Defendant was convicted of murder, aggravated robbery, and unlawful distribution of a controlled substance. The Supreme Court affirmed, holding (1) the trial court did not abuse its discretion when it...

Dahl v. Dahl  
Date: January 30, 2015
Citation: 2015 UT 23
Docket Numbers: 20100683, 20111077

Justia Opinion Summary: These cases arose from the marriage dissolution of Charles Dahl and Kim Dahl. Kim appealed the Divorce action, alleging several claims of error, and also brought a separate action against certain defendants seeking a sha...

2 Ton Plumbing, LLC v. Thorgaard  
Date: January 30, 2015
Citation: 2015 UT 29
Docket Number: 20120390

Justia Opinion Summary: 2 Ton Plumbing, LLC recorded a notice of mechanics’ lien against a lot in a development (Lot 30). Gregory and Kendra Thorgaard later purchased Lot 30 and executed a trust deed in favor of Washington Federal. Thereafter,...

State v. Barela  
Date: January 30, 2015
Citation: 2015 UT 22
Docket Number: 20120476

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree rape. The Supreme Court reversed, holding (1) trial counsel was ineffective for failing to object to a jury instruction misstating the requirement of mens rea a...

Herland v. Izatt  
Date: January 30, 2015
Citation: 2015 UT 30
Docket Number: 20120586

Justia Opinion Summary: After a night of heavy drinking at a party hosted by Travis Izatt, Neely Creager picked up Izatt’s loaded handgun and accidentally shot herself in the head. The shot killed her. Creager’s estate filed this negligence act...

Summum v. Pleasant Grove City  
Date: January 30, 2015
Citation: 2015 UT 31
Docket Number: 20120717

Justia Opinion Summary: Since 1971, a monument displaying a representation of the Ten Commandments tablets has stood in a park owned by the City of Pleasant Grove. In 2003, Summum, a corporation sole and church, offered to donate and erect a “S...

State v. Roberts  
Date: January 30, 2015
Citation: 2015 UT 24
Docket Number: 20120884

Justia Opinion Summary: Defendant entered a conditional guilty plea to five charges of sexual exploitation of a minor. The charges arose from the discovery of child pornography on Defendant’s laptop computer. Defendant appealed, challenging sev...

Graves v. North Eastern Servs., Inc.  
Date: January 30, 2015
Citation: 2015 UT 28
Docket Number: 20121012

Justia Opinion Summary: Defendants provided services for individuals with mental and physical disabilities. Some of homes run by Defendants and occupied by disabled individuals were in residential neighborhoods. A.R., a minor child, was sexuall...

Heaps v. Nuriche, LLC  
Date: January 30, 2015
Citation: 2015 UT 26
Docket Number: 20130132

Justia Opinion Summary: Employees and others founded Nuriche, LLC, a now-defunct limited liability company formed in Nevada and registered to do business in Utah. After being terminated, Employees filed this complaint alleging that Nuriche and...

Anadarko Petroleum Corp. v. Utah State Tax Comm’n  
Date: January 30, 2015
Citation: 2015 UT 25
Docket Number: 20130192

Justia Opinion Summary: Anadarko Petroleum Corporation, which acquired Kerr-McGee Oil & Gas Onshore L.P. in 2006, operated oil and gas wells from 2008 to 2011 and filed severance tax returns during this period. The severance tax rate an owner o...

Eldridge v. Johndrow  
Date: January 30, 2015
Citation: 2015 UT 21
Docket Number: 20130263

Justia Opinion Summary: Appellees alleged claims for tortious interference with economic relations against Appellant. The tortious interference theories each rested on two separate allegations: first, that Appellant had interfered with Appellee...

Cottage Capital, LLC v. Red Ledges Land Dev.  
Date: January 30, 2015
Citation: 2015 UT 27
Docket Number: 20130320

Justia Opinion Summary: Cottage Capital, LLC brought this action to enforce a guaranty agreement against Red Ledges Land Development. The district court dismissed the enforcement action with prejudice, concluding that the enforcement action was...

Riggs v. Georgia-Pacific LLC  
Date: January 30, 2015
Citation: 2015 UT 17
Docket Number: 20130459

Justia Opinion Summary: Vickie Warrant filed a personal injury suit against Defendants seeking damages due to her exposure to asbestos, which she claimed caused her mesothelioma. After receiving a jury verdict in her favor in the personal injur...

Cox v. Laycock
Date: January 30, 2015
Citation: 2015 UT 20-->
Docket Number: 20140764
State v. Folsom  
Date: January 27, 2015
Citation: 2015 UT 14
Docket Number: 20120532

Justia Opinion Summary: On May 8, 2012, legislative amendments to the Indigent Defense Act (IDA) became effective. The amendments override the Supreme Court’s construction of the prior version of the IDA by precluding an indigent defendant in a...

State v. Steinly  
Date: January 27, 2015
Citation: 2015 UT 15
Docket Number: 20120715

Justia Opinion Summary: On May 8, 2012, legislative amendments to the Indigent Defense Act (IDA) became effective. The amendments override the Supreme Court’s construction of the prior version of the IDA by precluding an indigent defendant in a...

State v. Perez  
Date: January 27, 2015
Citation: 2015 UT 13
Docket Number: 20120716

Justia Opinion Summary: On May 8, 2012, legislative amendments to the Indigent Defense Act (IDA) became effective. The amendments override the Supreme Court’s construction of the prior version of the IDA by precluding an indigent defendant in a...

State v. Rodriguez-Ramirez  
Date: January 27, 2015
Citation: 2015 UT 16
Docket Number: 20120857

Justia Opinion Summary: Defendant was charged with sodomy on a child and aggravated sexual abuse of a child. The criminal information was filed on May 25, 2012. After retaining private counsel, Defendant filed a motion for funding for necessary...

State v. Gonzalez  
Date: January 27, 2015
Citation: 2015 UT 10
Docket Number: 20120945

Justia Opinion Summary: After a jury trial, Defendant was convicted of murder with an enhancement for criminal street gang activity, obstruction of justice, and possession or use of a dangerous weapon by a restricted person. The Supreme Court a...

State v. Earl  
Date: January 27, 2015
Citation: 2015 UT 12
Docket Number: 20120991

Justia Opinion Summary: On May 8, 2012, legislative amendments to the Indigent Defense Act (IDA) became effective. The amendments override the Supreme Court’s construction of the prior version of the IDA by precluding an indigent defendant in a...

Gildea v. Wells Fargo Bank  
Date: January 27, 2015
Citation: 2015 UT 11
Docket Number: 20120999

Justia Opinion Summary: Appellant filed an action against a Bank seeking to foreclose his judgment lien against property owned by the Bank. Wells Fargo subsequently filed a motion to dismiss Appellant’s complaint because the judgment lien had e...

Migliore v. Livingston Fin. LLC  
Date: January 27, 2015
Citation: 2015 UT 9
Docket Number: 20130337

Justia Opinion Summary: This debt collection action arose from a credit agreement between U.S. Bank and Charles Migliore. Livingston Financial, LLC, as assignee for U.S. Bank, brought suit against Migliore for breach of the credit agreement. Th...

Burdick v. Townsend  
Date: January 23, 2015
Citation: 2015 UT 8
Docket Number: 20110479

Justia Opinion Summary: Jeffrey Campbell sold investments in Beverly Hills Development Corporation (BHDC) while he was a registered agent of Horner, Townsend & Kent, Inc. (HTK), a broker-dealer licensed to sell securities in the state. After re...

State v. Ashcraft  
Date: January 23, 2015
Citation: 2015 UT 5
Docket Number: 20120306

Justia Opinion Summary: After a jury trial, Defendant was convicted of six counts of possession of a controlled substance with intent to distribute, two counts of unlawful possession of a dangerous weapon, possession of drug paraphernalia, driv...

McGibbon v. Farmers Ins. Exch.  
Date: January 23, 2015
Citation: 2015 UT 3
Docket Number: 20120484

Justia Opinion Summary: After being injured in an automobile accident, Plaintiff filed this lawsuit against the other driver, who was uninsured. At the time of the accident, Plaintiff owned an insurance policy with Farmers Insurance Exchange. F...

State v. Bird  
Date: January 23, 2015
Citation: 2015 UT 7
Docket Number: 20120906

Justia Opinion Summary: After a jury trial, Defendant was convicted of failure to respond to an officer’s signal to stop, a third degree felony under Utah Code 41-6a-210. Defendant appealed, arguing that the trial court erred when it failed to...

State v. Allgier  
Date: January 23, 2015
Citation: 2015 UT 6
Docket Number: 20130021

Justia Opinion Summary: Defendant entered into a plea agreement and received a life sentence without the possibility of parole. Defendant appealed. Defendant then filed a pro se motion to remand for appointment of counsel. Shortly thereafter, D...

Carter v. State  
Date: January 23, 2015
Citation: 2015 UT 4
Docket Number: 20130517

Justia Opinion Summary: In 1985, Appellant was convicted of first-degree murder and sentenced to death. Appellant later filed two claims under Utah’s Post Conviction Remedies Act (PCRA). The first petition was denied, and the Supreme Court affi...

State v. Strieff  
Date: January 16, 2015
Citation: 2015 UT 2
Docket Number: 20120854

Justia Opinion Summary: At issue in this case was the applicability of the “attenuation” exception to the exclusionary rule to a fact pattern involving an unlawful detention leading to the discovery of an arrest warrant followed by a search inc...

Jeffs v. Rodier  
Date: January 9, 2015
Citation: 2015 UT 1
Docket Number: 20121098

Justia Opinion Summary: David Ragsdale pleaded guilty to aggravated murder for shooting and killing his wife. Ragsdale committed the murder while under the influence of medications prescribed to him by Nurse Practitioner Trina West. The Ragsdal...

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