7 results for 'judge:"Pohlman"'.
J. Pohlman finds that the State Tax Commission properly rejected taxpayers' argument that the Covid-19 pandemic entitled them to an adjustment to the fair market value of their properties for the tax year 2020 under the Access Interruption Statute. The pandemic was not a qualifying event under the law, and the list of qualifying events may only be expanded through promulgation by the Commission after it determines an additional event is similar to the 13 legislatively enumerated events. Affirmed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: March 7, 2024, Case #: 20220345, Categories: Property, Tax, Covid-19
J. Pohlman finds that the trial court properly applied the emergency aid exception to the Fourth Amendment to deny defendant's motion to suppress murder evidence police found during a warrantless search of his home. Police were acting on an objectively reasonable belief based on circumstantial and visual evidence that an adult and an infant required emergency aid when they entered. And defendant's state constitutional claim that the subjective intent of the police should be scrutinized also fails because police had an objectively reasonable basis to think there was an emergency. Affirmed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: February 29, 2024, Case #: 20220560, Categories: Murder, Search
J. Pohlman finds that the appeals court properly held that it lacked jurisdiction to hear defendant's appeal of a conviction for failure to yield to an emergency vehicle. Though appellate review is available even without an explicit district court ruling on a statute's constitutionality, he did not adequately raise his due process argument at trial such that the appeals court could find that the district court had made an implicit ruling on the statute's constitutionality. Affirmed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: February 8, 2024, Case #: 20230112, Categories: Vehicle, Jurisdiction, Due Process
J. Pohlman holds that the district court must reconsider its denial of attorney fees to a reporter who intervened in a county commissioner's challenge to a release of public records. On remand, the district court should broaden its reading of the attorney fee provision of the Government Records Access and Management Act, which does not necessarily bar fee awards to third-party intervenors, and address whether the reporter substantially prevailed and whether her fees and costs were reasonable. Also, the reporter's court filing satisfied the Act's requirement that a records requester provide a statement of position to the records holder 20 days before incurring the attorney fees the reporter seeks to recover. Reversed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: January 11, 2024, Case #: 20220738, Categories: Public Record, Attorney Fees
J. Pohlman finds that the trial court properly denied defendant's challenge to the constitutionality of his sentence on convictions for aggravated murder and child abuse. His ineffective assistance and suppression of evidence claims are not cognizable under the resentencing rule he invoked. And the trial court was right to treat his challenge as a motion for resentencing relief due to its title and its contents, and not a petition for post-conviction relief. Affirmed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: December 7, 2023, Case #: 20210293, Categories: Murder, Sentencing
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J. Pohlman upholds the convictions of a man who drunkenly and angrily raped his girlfriend after choking her to unconsciousness in front of their two-year-old daughter. There was no abuse of discretion from the trial court when it withheld video of defendant’s police interview and denied his motions for mistrial and new trial. Neither was his counsel’s assistance ineffective to the extent that it prejudiced him. Affirmed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: October 5, 2023, Case #: 2023 UT 22, Categories: Evidence, Sex Offender, Assault