19 results for 'judge:"Luthy"'.
J. Luthy finds that the trial court properly imposed probation conditions on defendant for sex offenses he committed as a minor. He argued that since statute does not require sex offender registration for defendants whose offenses were committed as minors, it was error to impose the same restrictions on him as conditions of probation. But statute does not bar the imposition of sex offender conditions during the limited period of probation. However, the requirement to provide a DNA specimen was error since it is an express component of the requirement to register as a sex offender. Reversed in part.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: April 25, 2024, Case #: 20230194-CA, Categories: Dna, Probation, Sex Offender
J. Luthy finds that the trial court relied on the wrong standard in rejecting a boundary by acquiescence claim to a disputed strip of land. Evidence that the claimant's predecessor-in-interest had used the strip for at least 20 years and its neighbor's predecessor-in-interest had not complained satisfied the mutual acquiescence element. But the claim fails nonetheless because the claimant failed to show that its predecessor had conveyed the title to the strip to the claimant. Reversed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: March 21, 2024, Case #: 20220523-CA, Categories: Property
J. Luthy finds that counsel should have asked for a unanimity jury instruction on an aggravated sexual abuse of a child charge. But defendant was not prejudiced since the activity supporting the charge occurred during the same interaction that resulted in his rape of child conviction. And admission of hearsay testimony was likely error but did not cause prejudice since it was the same as other properly admitted evidence. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: March 21, 2024, Case #: 20210381-CA, Categories: Confrontation, Ineffective Assistance, Sex Offender
J. Luthy finds the district court improperly dismissed this contract dispute between a construction company and water supplier. The water supplier filed a lawsuit alleging the construction company connected to its water supply without paying membership fees or seeking permission. The construction firm then sued for fraud and breach of contract. The court erred when they concluded the remedy was for a “party’s failure to file a compulsory counterclaim” when the lawsuit was dismissed. Reversed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: February 23, 2024, Case #: 20220565-CA, Categories: Civil Procedure, Property, Water
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J. Luthy finds the trial court properly convicted a man on two counts of possession of a controlled substance with intent to distribute. The man says his attorney’s assistance was ineffective, for example because he did not object to testimony related to how much of the drugs are usually kept for personal use, for example. His arguments are unpersuasive. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: February 15, 2024, Case #: 20210868-CA, Categories: Drug Offender, Evidence, Ineffective Assistance
J. Luthy finds the district court properly dismissed a doctor’s contract lawsuit in favor of the hospital with its corporate owner, an administrator and a voting member of the board. The doctor failed to sufficiently address the hospital’s contractual immunity and release of liability defenses. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: February 15, 2024, Case #: 20210606-CA, Categories: Health Care, Immunity, Contract
J. Luthy finds that the trial court properly applied the negligence statute that was in effect at the time of a traffic collision that broke a minor's wrist, and not a subsequent version that includes "a bone fracture" as a threshold injury for supporting a cause of action. Also, the applicable threshold was not met since a fracture cannot be described as "dismemberment" and the minor's guardian failed to provide expert evidence that her injuries resulted in permanent impairment. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: January 11, 2024, Case #: 20210789-CA, Categories: Damages, Negligence, Experts
J. Luthy finds that the juvenile court properly refused to let a grandmother intervene in a child placement decision since she did not show that she has a right to have her daughter's children placed near her home or with a relative. But she does have a limited-purpose interest to request preferential consideration for temporary kinship placement. Reversed in part.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: December 21, 2023, Case #: 20220623-CA, Categories: Family Law
J. Luthy finds that defendant's motion to have his appeal of a murder conviction reinstated was timely. On remand, the trial court must make findings about whether the trial court and counsel properly informed him of his right to appeal before determining if his appeal may proceed. Vacated in part.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: November 24, 2023, Case #: 20210181-CA, Categories: Murder, Plea
J. Luthy finds that the trial court properly determined that a nurse practitioner had agreed to pay for injectable products. She ordered the products from a cosmetic facility where she sometimes worked to use elsewhere as an independent contractor. There was nothing ambiguous about the oral contract that obligated her to pay for any products that she retained. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: November 16, 2023, Case #: 20210719-CA, Categories: Contract
J. Luthy finds that the trial court erred in arresting judgment following a jury verdict that defendant was guilty of witness tampering. Defendant's version of events was incompatible with the witness's version, which the jury believed and to which the trial court should have deferred. And the jury's finding that defendant's emails asking the witness to recount her story of intimidation at a conference amounted to tampering. Reversed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: November 2, 2023, Case #: 20210366-CA, Categories: Witnesses
J. Luthy finds that the trial court properly revoked defendant's pretrial release, and it properly refused to grant a continuance based on his failure to present evidence contesting the revocation. A medical report that he was exaggerating a health condition and that he was malingering in order to avoid trial indicated he had become a flight risk. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: November 2, 2023, Case #: 20230534-CA, Categories: Sex Offender, Bail
J. Luthy finds that the lower court improperly dismissed a charge of domestic violence against defendant after he called his adoptive brother, who is married to his ex-wife, and said "you and that f***ing whore have it coming." This statement can reasonably be interpreted as a threat of violence, which violated the protective order forbidding defendant from communicating, directly or indirectly, with his ex-wife. Reversed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: October 26, 2023, Case #: 20220073-CA, Categories: Domestic Violence
J. Luthy finds that defendant was entitled to an adverse inference jury instruction highlighting an officer's failure to activate his body-worn camera before arresting defendant for failure to stop. The evidence that he was driving before the vehicle was abandoned was relatively weak while the Adverse Instruction Statute's factors weigh in favor of an instruction. Reversed in part.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: October 13, 2023, Case #: 20210416-CA, Categories: Ineffective Assistance, Jury Instructions
J. Luthy holds that the trial court prematurely dismissed a contract action alleging failure to fund a project to remove industrial byproducts from a defunct steel mill site. A determination of the contract's predominant purpose that includes an examination of the circumstances around the contract's negotiation, formation and performance must be made before a motion to dismiss may be granted. Reversed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: September 28, 2023, Case #: 20210732-CA, Categories: Contract
J. Luthy holds that the trial court exceeded its authority in ruling that replacing a broken down swing gate with an electric gate would unreasonably burden an access easement's servient estate. The trial court should presume that technological advances are favored, and whatever burden a new gate may impose on the servient estate must be balanced with the interests of the dominant estate. And the trial court may not give weight to purely speculative burdens of the proposed gate. Reversed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: September 21, 2023, Case #: 20210584-CA, Categories: Property
J. Luthy finds the district court improperly dismissed this suit brought by the purchaser of a defaulted loan. The district court denied the purchaser’s motion for summary judgment and invoked the loan’s original arbitration provision, concluded that it divested the court of jurisdiction. The existence of an arbitration provision does not divest a court of jurisdiction. Reversed and remanded.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: May 26, 2023, Case #: 20210581-CA, Categories: Arbitration, Jurisdiction, Banking / Lending