20 results for 'judge:"Orme"'.
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. 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. 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. 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. 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
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J. Orme finds that it was reasonable for counsel not to object to alleged prosecutorial misconduct during cross-examination of defendant during his trial on rape charges, as objections would have allowed the state to highlight contradictions in defendant's testimony. However, counsel should have requested unanimity jury instructions on two forcible sexual abuse charges, and the state did not sufficiently clarify which acts applied to which charges, so defendant is entitled to a new trial on those two charges. Reversed in part.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: March 14, 2024, Case #: 20220163-CA, Categories: Ineffective Assistance, Sex Offender
J. Orme finds that the jury had sufficient evidence to infer that defendant was reckless enough about the victim's lack of consent to support a conviction for aggravated sexual assault. Counsel's decision not to have defendant's girlfriend corroborate his story was not the best practice but it was not objectively unreasonable enough for an ineffective assistance claim. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: March 7, 2024, Case #: 20200720-CA, Categories: Evidence, Ineffective Assistance, Sex Offender
J. Orme finds that the trial court should have applied the reasonable time rule to a divorce decree that awarded commercial property to a wife and an equity interest to the husband that was redeemable when the property is sold. Instead, the reasonable time the wife has for performance lasts until she ceases to operate a salon at the property. Reversed in part.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: January 11, 2024, Case #: 20220090-CA, Categories: Family Law
J. Orme holds that defendant is entitled to a new trial on rape of a child and aggravated sexual abuse of a child counts because trial counsel failed to request a unanimity jury instruction. However, his challenges to the evidence supporting his conviction for object rape of a child are insufficient. Reversed in part.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: January 5, 2024, Case #: 20190593-CA, Categories: Sex Offender, Child Victims
J. Orme finds the district court properly denied defendant's motion to reinstate his lapsed time to appeal. Charged with murder and abuse of a dead human body for his help in another's suicide, and in two other cases with five counts of sexual exploitation of a minor and two counts of tampering with a witness, defendant pleaded guilty to one count of child abuse homicide and one count of attempted sexual exploitation of a minor. He did not file a notice of appeal until two years later. Counsel did not perform deficiently in not consulting with defendant post-sentence. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme , Filed On: December 14, 2023, Case #: 20220278-CA, Categories: Murder, Sex Offender, Child Victims
J. Orme finds that the trial court properly held that defendant was not entitled to a Miranda warning because he was not in custody when police questioned him. He was bedridden in a hospital room but police repeatedly said he was not detained, charged or under arrest, and he understood that he could end the conversation. Also, his Tiedemann claim over destroyed or lost evidence failed since evidence did not exist as police did not activate their body cameras until after they shot him. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: November 16, 2023, Case #: 20210544-CA, Categories: Evidence, Miranda, Assault
J. Orme finds that the trial court properly ruled that an insurer had canceled an automotive policy prior to an accident. The insured failed to timely or fully pay the premium before the accident, the insurer mailed a notice of cancellation within 10 days of the cancellation date, and the insurer's acceptance of a timely partial payment did not serve to waive its right to cancel. The trial court was also right that the insurer's duty to defend was not extinguished until the trial court determined the policy had been properly canceled. However, because of the failure to take on the insured's defense, the insurer must pay the original damages award. Reversed in part.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: November 9, 2023, Case #: 20180699-CA, Categories: Insurance, Damages
J. Orme finds that the trial court properly dismissed a debtor's deceptive trade practices suit against a Wisconsin debt collection firm. The debtors failed to show that the foreign debt collector engaged in an affirmative misrepresentation beyond a failure to register that would be considered deceptive or unconscionable under the Consumer Sales Practices Act. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: October 19, 2023, Case #: 20210394-CA, Categories: Debt Collection, Consumer Law
J. Orme finds that the Labor Commission properly upheld an administrative court award of past and future medical expenses and total disability compensation based on a medical panel's finding that a worker's respiratory and other medical problems were caused by workplace exposures. The administrative court was within its discretion to appoint a second medical panel after the first panel left the issue of causation unanswered. Also, a scientific consensus about whether isocyanates cause chronic eosinophilic pneumonia was not required as the second medical panel was able to support its conclusion with substantial facts and expertise. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: September 21, 2023, Case #: 20220037-CA, Categories: Workers' Compensation
J. Orme finds that counsel in defendant's sexual assault trial was not deficient for deciding not to seek a directed verdict in the basis on inherent improbability simply because of inconsistency in victim's statements about what she wore during the assault. Testimony a nurse made about the victim's statements during a post-assault examination were properly admitted since they were related to a medical diagnosis or treatment. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: August 3, 2023, Case #: 20220059-CA, Categories: Confrontation, Ineffective Assistance, Sex Offender
J. Orme finds that the trial court failed to allow defendant to address the court prior to sentencing on drug and weapons charges. Trial courts have an affirmative duty to provide criminal defendants an opportunity for allocution, which allows the trial court to evaluate a defendant's sincerity and to ask defendant for clarification of issues a defendant may have raised in writing. It also allows a defendant to confer with counsel during sentencing. Reversed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: August 3, 2023, Case #: 20210476-CA, Categories: Drug Offender, Sentencing, Weapons
J. Orme finds that the juvenile court failed to support its adjudication that an infant had been neglected with findings of fact or an analysis of the reasonableness of the medical decisions that his parents made on his behalf. Reversed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: July 6, 2023, Case #: 20210657-CA, Categories: Family Law
J. Orme finds the Standings and Training Council properly suspended the corrections officer’s certification for 3.5 years due to his admission that he masturbated in a staff restroom while on duty at a Utah Department of Corrections prison. Case law guiding on questions of right to privacy, as cited by the officer, does not provide constitutional protection for private masturbation by a public employee at work. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: May 26, 2023, Case #: 20210217-CA, Categories: Administrative Law, Civil Rights, Police Misconduct
J. Orme finds the trial court properly found defendant guilty of protective order violations. The judgments were not against the clear weight of the evidence regarding these convictions. But the state did not present evidence of any act specified in the relevant charging documents as constituting stalking, apart from the protective order violation. Because stalking is predicated on a course of conduct comprising two or more acts, the evidence was necessarily insufficient. Affirmed in part. Reversed in part.
Court: Utah Court Of Appeals, Judge: Orme , Filed On: May 26, 2023, Case #: 20190339-CA, Categories: Evidence, Restraining Order
J. Orme finds the department properly issued a final order affirming permit modification approval for the landfill operator’s relocation of a landfill cell which the lake advocacy group says its groundwater monitoring system would be insufficient to detect leakage to the Great Salt Lake. After the advocacy group requested review, the department appointed an administrative law judge, who held that the department “did not err in determining that the bedrock beneath the landfill is cemented and [that] there is no hydraulic connection between the shallow aquifer and bedrock.” The advocacy group has not demonstrated that its alleged errors resulted in prejudice. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: May 26, 2023, Case #: 20210589-CA, Categories: Administrative Law, Environment