The Utah Supreme Court reinstated further appellate review of a failure-to-stop conviction, holding that evidence supported a finding that a kayaker acted to avoid arrest.
The Utah Supreme Court held that a contingency fee sought as consequential damages must be disclosed under rule 26 and proved at trial, not first revealed in a posttrial fee motion.
The Utah Supreme Court held that compulsion is an excuse, not a legal justification, and therefore cannot support the murder statute’s special-mitigation defense.
The Utah Supreme Court held that an employer waived a workers’ compensation notice defense by never requesting relief on it and that an ALJ’s sua sponte ruling did not cure the waiver.
The Utah Supreme Court upheld a permanent total disability award for a former Granite School District teacher and clarified impairment proof, gainful employment, record reopening, and subrogation under Utah workers’ compensation law.
The Utah Supreme Court affirmed child-sex-abuse convictions after finding waiver, inadequate preservation, and no deficient performance across multiple trial challenges.
The Utah Supreme Court reaffirmed that amended post-conviction claims must satisfy rule 15(c)’s relation-back standard and upheld the PCRA’s one-year deadline.
The Utah Supreme Court held that it could review a post-remand parental-rights judgment but not errors predating the first appeal, then affirmed termination as strictly necessary.
The Utah Supreme Court held that a DUI defendant properly invoked extraordinary-writ review but denied relief because the requested constitutional ruling was unlikely to change his prosecution.
The Utah Supreme Court held that terminating parental rights to facilitate an adoption requires a strictly necessary analysis, while affirming because the district court’s omission was harmless.
Applying Ross v. Kracht, the Utah Supreme Court affirmed that terminating an incarcerated father’s rights was strictly necessary to protect four children’s stability and permit their stepfather’s adoption.
The Utah Supreme Court held that a trial court’s brief sua sponte consideration does not preserve a fact-dependent damages theory when treating it as preserved would undermine judicial economy and fairness.
A divided Utah Supreme Court held that a prosecutor may file a delinquency petition after an ineligible minor received a nonjudicial adjustment from probation.
The Utah Supreme Court held that bars that voluntarily settle a Dramshop Act claim cannot seek contribution under a provision limited to persons against whom an award is made.
The Utah Supreme Court held that violating the rule governing nighttime warrant service does not itself require suppression without a constitutional violation, bad faith, or prejudice.