176 results for 'court:"Utah Court Of Appeals"'.
J. Oliver finds that the trial court properly terminated a father's parental rights, and he failed to show the ruling was because counsel had been ineffective. He never provided a home for his daughter or had custody prior to her mother's death, and he did not follow court orders to develop a relationship with her. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: May 2, 2024, Case #: 20230486-CA, Categories: Family Law
J. Harris finds that the trial court erred in denying defendant's motion to dismiss charges that he sexually abused a child 25 years earlier. The four-year statute of limitations that applied at the time of the alleged offenses began to run in 1998 when the alleged victim's friend reported to police that defendant had been "having sex" with the alleged victim. In the context of the friend's report, "having sex" meant vaginal intercourse and was sufficient to put police on notice of a crime that could be charged. Reversed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: May 2, 2024, Case #: 20230228-CA, Categories: Criminal Procedure, Sex Offender
J. Tenney holds that a company's former COO failed to preserve his challenge to the damages the trial court awarded after finding the company had violated securities law by misrepresenting stock options it had offered him as compensation. He was awarded damages based on the difference between value of his labor and his undercompensation in salary. He failed to argue at trial that he should have been awarded a value equal to the options' strike price multiplied by the number of shares offered. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: May 2, 2024, Case #: 20220733-CA, Categories: Employment, Securities, Damages
J. Oliver finds that defendant's behavior was not required to hold a sua sponte hearing to evaluate defendant's competence to stand trial for sexual abuse of a child. His remarks about his medical conditions did not require a hearing, and counsel assured the trial court that he comprehended events and could aid in his defense. Also, counsel was not deficient for seeking testimony about the victim's truthfulness since defendant admitted to the abuse in recorded interviews. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: May 2, 2024, Case #: 20220407-CA, Categories: Competence, Ineffective Assistance, Sex Offender
J. Mortensen finds that the trial court properly rejected claims for access to a road across a ranch property and quieted title in favor of the ranch. The road was not public under the dedication statute since only a small subset of the public ever had access, and they actively tried to prevent other members of the public from using it. And no convincing evidence showed a historical public use. A prescriptive easement argument also failed because the adverse mental state was belied by requests for keys and permission to access the road. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: April 25, 2024, Case #: 20220432-CA, Categories: Property
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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. Mortensen finds that the trial court properly tossed a claim that road conditions at a railroad grade crossing caused an injury accident when a Jeep full of teenagers tried to jump the tracks. The railroad did not have a duty to change the steepness of the road, the county is immune since improving the road would be discretionary, no evidence showed that potholes caused the accident, an attractive nuisance claim failed because the driver and injured passenger are held to an adult standard of care as licensed drivers, and the city had only recently annexed the land and had not been made aware that a utility pole might be too close to the road. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: April 18, 2024, Case #: 20220139-CA, Categories: Immunity, Negligence
J. Harris finds that sufficient evidence supported defendant's possession conviction for methamphetamine found in the purse of the passenger in his car. His constructive possession was established by evidence he was driving her to score methamphetamine, he had used some of the methamphetamine, his suspended driver's license had been used to chop a chunk of methamphetamine, he drove evasively when he saw police, the methamphetamine was within his reach, and text messages showed he was going sell methamphetamine when they got home. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: April 18, 2024, Case #: 20220390-CA, Categories: Drug Offender
J. Mortensen finds that the trial court improperly dismissed a customer's discrimination claim against a Burger King franchise owner. Respondeat superior vicarious liability applies to the Civil Rights Act and a jury must determine whether a shift supervisor was acting within the scope of her employment when she used racial epithets and enlisted a friend to assault the customer. Reversed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: April 18, 2024, Case #: 20221003-CA, Categories: Civil Rights, Tort
J. Tenney holds that a city's challenge to a trial court easement decision is moot. The city failed to request a stay of the grant of an easement access to a city street pending appeal, during which time the property owner spent money to create a curb-cut, pour concrete and install gates.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: April 11, 2024, Case #: 20220586-CA, Categories: Property
J. Christiansen Forster holds that the district court erred in concluding that a dispute over water district impact fees posed exceptional conditions requiring the appointment of a special master. The trial judge's pending retirement, the long duration of the case, Covid-19 calendar backups and a desire for relaxed rules of procedure and evidence do not warrant a special master. Furthermore, any legal complexity presented by the case will require district court determinations anyway. Reversed.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: April 11, 2024, Case #: 20220403-CA, Categories: Civil Procedure, Property
J. Orme finds that the district court properly upheld a city's denial of a retail tobacco specialty business license. The legislature delegated licensing authority to the city and statute forbids the operation of a retail tobacco specialty business without a license. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: April 11, 2024, Case #: 20220101-CA, Categories: Municipal Law, Zoning
J. Harris finds the trial court improperly sanctioned a father for failing to timely disclose a tax return before a child support modification trial. The trial court could have prohibited his use of the tax return in modification proceedings, but went too far in barring him from introducing other income evidence or a rebuttal to the mother's evidence. Vacated.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: April 11, 2024, Case #: 20220534-CA, Categories: Family Law, Sanctions, Discovery
J. Tenney finds that sufficient evidence supported a trial court ruling that a mother was neglectful for taking photos of her nine-year-old daughter's genitals for "documentation" purposes before and after the child had visitation with her father. The photos, which were not taken to document visible trauma, might have desensitized the child to the importance of safeguarding one's genitals and made the child suspicious of her father. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: April 11, 2024, Case #: 20230338-CA, Categories: Family Law
J. Orme holds that the trial court used the wrong legal standard in awarding a mother sole legal custody, and an attorney fee award was also error. The trial court must consider all statutory custody factors to some degree, and cannot disregard some as discretionary. The trial court must also revisit its imputation of the mother's income, which was speculative, and its fee award to the mother failed to distinguish the applicable legal standards or establish findings about the father's ability to pay. Reversed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: April 11, 2024, Case #: 20210637-CA, Categories: Family Law, Attorney Fees
J. Tenney finds that counsel was not ineffective for deciding not to object to prior acts evidence in defendant's aggravated assault trial. The state made narrow use of probative evidence about similar instances where defendant was aggressive when he suspected his wife was unfaithful. And he failed to show he was prejudiced by counsel's decision not to object to other evidence. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: April 4, 2024, Case #: 20210774-CA, Categories: Ineffective Assistance, Assault
[Consolidated.] J. Harris holds that the juvenile court properly ordered children removed from their parents based on finding that they were neglected, and their counsel was not ineffective during proceedings. However, the juvenile court must revisit its shelter hearing analysis to determine whether services are currently available to end removal.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: April 4, 2024, Case #: 20230102-CA, Categories: Family Law
J. Christiansen Forster finds that the district court properly adjusted the $100 monthly restitution payments defendant was making toward a $50,000 total. The new $1,100 monthly payments, which were based on an updated financial declaration, changed only the payment schedule, not the underlying restitution order or the original sentence, so statute, double jeopardy or due process rights were not violated. Affirmed.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: April 4, 2024, Case #: 20230253-CA, Categories: Fraud, Restitution, Securities
J. Oliver finds that the trial court should have dismissed felony aggravated assault charges against defendant for a domestic violence incident with his brother-in-law on double jeopardy grounds. After the first day of trial the initial judge realized he was defendant's distant relative through marriage, so the presiding judge of the district recused him. The initial judge then discharged the jury and declared a mistrial. But since the initial judge had been disqualified, and he failed to provide the parties an opportunity to object to jury discharge as required under the legal necessity exception to double jeopardy, those acts were taken without authority and the mistrial functioned as an acquittal. Where a judge is disqualified after a trial has begun, either the reviewing judge or the newly assigned judge must first address whether to declare a mistrial and then decide whether the discharge the jury. Reversed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: April 4, 2024, Case #: 20221076-CA, Categories: Criminal Procedure, Double Jeopardy, Domestic Violence
J. Orme finds that the trial court properly held that a traffic collision case was barred by a two-year statute of limitations of the Governmental Immunity Act. A driver argued she was unaware that the garbage truck she collided with had government status and that the statute of limitations had been tolled until she found out. But she was notified soon after the collision that the truck was owned by a waste and recycling district and insured by "Government Trust," which gave her early knowledge that the garbage truck was operated by a governmental entity, and any uncertainty could have been cleared up with a direct inquiry. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: April 4, 2024, Case #: 20221054-CA, Categories: Immunity, Negligence
J. Mortensen finds that the lower court properly convicted defendant of aggravated assault and domestic violence in the presence of a child. Defendant’s wife reported to police that defendant assaulted her in front of their five children, but later recanted her statement and asserted her Fifth Amendment right 47 times at trial. Defendant argues that hearing the invocations over and over prejudiced the jury, but he did not object to the invocations prior to appeal. Also, his argument of ineffective assistance of counsel fails, as what defendant views as error by counsel would not have impacted the outcome of the trial. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 28, 2024, Case #: 20220006-CA, Categories: Ineffective Assistance, Assault, Domestic Violence
J. Mortensen finds that the lower court improperly dismissed a complaint filed by a daughter against her father after she allegedly discovered they had taken $133,000 of her settlement money from a medical malpractice suit from when she was a minor and used it to purchase a home for themselves. The lower court suspended the hearing and ordered a supplemental briefing with the understanding that there would be a hearing in the future, but it never happened, resulting in an effective dismissal. The daughter correctly argues her right to due process was violated. The matter is remanded for further consideration. Reversed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 28, 2024, Case #: 20220756-CA, Categories: Due Process, Enforcement Of Judgments
J. Mortensen finds that the lower court properly convicted defendant of two counts of aggravated sexual abuse of his two minor daughters following his guilty plea. As part of the plea agreement, a sentence of two concurrent terms of six years to life was to be recommended, but at the sentencing hearing, the victims testified that they felt the sentence to be too lenient. The lower court sentenced defendant to 15 years to life for each count, to run concurrently. Defendant argues the prosecutor breached the plea agreement and the court should not have considered the victims’ view on the sentence. Defendant also asserts he received ineffective assistance by trial counsel for failing to object to the prosecutor’s statements at sentencing. However, there was no breach of the plea agreement and no deficiency in defendant’s legal representation. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 28, 2024, Case #: 20221055-CA, Categories: Ineffective Assistance, Sentencing, Sex Offender
J. Orme finds that the lower court properly found in favor of a collector and dismissed a debtor’s complaint. Although it may be true that the collector was not registered under the Utah Collection Agency Act, the circumstance existed prior to the lower court proceedings, and the debtor did not object or act to preserve the issue for appeal. Additionally, the debtor’s claim of violation of the Fair Debt Collections Practice Act fails as it is not distinct from her other claim. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: March 28, 2024, Case #: 20210518-CA, Categories: Debt Collection
J. Harris finds that trial court improperly dismissed a developer's counterclaim seeking to relocate a utility's guy wires away from a parcel where it was building a home. Further proceedings are required to allow the developer's experts to opine on matters that had been fairly disclosed. Vacated in part.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: March 21, 2024, Case #: 20210935-CA, Categories: Property, Immunity, Experts
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
[Amended.] J. Mortensen clarifies the standard of review in a housing discrimination case with no change in judgment. The district court erred in concluding that a homeowners' association improperly delayed its evaluation of a homeowner's request to keep eight backyard "comfort chickens" for a child with PTSD and anxiety. The HOA properly and timely engaged the homeowner about the requested accommodation, taking a few weeks to evaluate the related issues of runoff, odor, rodents and the novel use of chickens as emotional support animals before granting a variance for two hens. Also, the homeowner failed to show any harm by the alleged delay. Reversed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 21, 2024, Case #: 20210698-CA, Categories: Ada / Rehabilitation Act, Property
J. Orme finds that an administrative court's order demoting an employee in rank and reducing his pay was arbitrary and capricious. The sanction for violating a county policy against employees supervising their relatives was not proportional since he was following orders by superiors who knew the policy and knew the assignments would result in his working with his wife. The sanction was also inconsistent since two comparable employees had also violated the policy but faced no discipline. Reversed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: March 21, 2024, Case #: 20220449-CA, Categories: Employment
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