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Utah

Court of Appeals of Utah
Uncategorized

In re A.H. — Utah Court of Appeals Again Vacates TPR Order After Finding All Three of Father’s Trial Attorneys Rendered Ineffective Assistance

For the third time, the Utah Court of Appeals vacated an order terminating Father’s parental rights as to two young children, holding that all three of his trial attorneys — retained counsel and two appointed counsel — rendered ineffective assistance by failing to file pretrial disclosures and seek a continuance, depriving Father of the ability to call sibling witnesses whose testimony bore directly on the best-interest determination; the court also held that Utah’s IAC right extends to retained attorneys who never formally enter an appearance.

Court of Appeals of Utah
Uncategorized

Holmes v. Smith — New Trial Ordered After Collateral Source Misrule and Improperly Admitted Medical Records

The Utah Court of Appeals reversed an automobile accident verdict and remanded for a new trial after the trial court misapplied the collateral source rule by excluding evidence of employer-provided workplace accommodations, admitted medical records without proper business-records foundation under Utah R. Evid. 803(6), and improperly excluded life care planner testimony on work-life expectancy based on inconsistencies that went to weight rather than admissibility.

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