By the power of the king and the law.
Utah Supreme Court Court Cases
State v. Pena (1994)Jose Carlos Pena appeals the trial court's denial of several motions to suppress evidence prior to his guilty plea for attempted unlawful possession of a controlled substance, a class A misdemeanor. Utah Code Ann. § 58-37-8(2)(a)(i), (7). Pena raises four claims of error regarding the trial court's evidentiary rulings: (i) The initial stop by police was not supported by reasonable suspicion; (ii) Pena did not voluntarily waive his Miranda rights; (iii) the misdemeanor arrest was a pretext for [...]
Court: Utah Supreme Court Docket: 930101
State v. Dunn (1993)Robert W. Dunn appeals his 1981 jury conviction for second degree murder, Utah Code Ann. § 76-5-203 (1978 & Supp.1979) (amended 1986), and aggravated kidnapping, id. § 76-5-302 (1978) (amended 1983). This is the third time his case has come before this court. We initially affirmed his conviction in a per curiam opinion in 1982. State v. Dunn, 646 P.2d 709 (Utah 1982). In April of 1990, we reversed a trial court's dismissal of Dunn's petition for habeas corpus because we found sufficient [...]
Court: Utah Supreme Court Docket: 17571
State v. Carter (1989)
On February 27, 1985, Eva Oleson was found dead in her home. Following an investigation, defendant was arrested in Nashville, Tennessee, and charged with the murder. After confessing to officers that he committed the crime, defendant was extradited to Provo, Utah, where he was tried and convicted of first degree murder and sentenced to death.
Court: Utah Supreme Court Docket: 860063
Bradbury v. Valencia (2000)
¶ 1 Phil and Opal Valencia appeal the trial court's order granting Randy and Dawn Bradbury's motion for summary judgment. We conclude we lack jurisdiction because the Valencias have not appealed from a final order and no exception to the final judgment rule has been met. We therefore dismiss the appeal without reaching the merits.
Court: Utah Supreme Court Docket: 981722
State v. Knight (1987)Defendant Johnnie Patrick Knight appeals from a jury conviction on a charge of aggravated robbery. Knight contends that during discovery, the prosecution assumed the obligation to provide defense counsel with certain requested information, including the correct addresses and telephone numbers of two potential witnesses and statements taken from those witnesses by an investigator. Knight complains that the prosecutor did not fulfill this obligation and that as a result, Knight's ability to [...]
Court: Utah Supreme Court Docket: 20670
State v. Bishop (1988)Defendant was convicted of five counts of first degree murder, Utah Code Ann. ง 76-5-202 (1978 & Supp. 1983) (amended 1984 & 1985); five counts of aggravated kidnapping, Utah Code Ann. ง 76-5-302 (1978 & Supp. 1987); and one count of aggravated sexual abuse of a child, Utah Code Ann. ง 76-5-404.1 (Supp. 1983) (amended 1984). After a penalty hearing, the jury returned verdicts of death on all of the murder convictions. The trial court also imposed five consecutive sentences of [...]
Court: Utah Supreme Court Docket: 19907
State v. Lafferty (1988)
Defendant Ronald Watson Lafferty appeals from two convictions of first degree murder, two convictions of aggravated burglary, and two convictions of conspiracy to commit murder. On the two convictions of first degree murder, the jury imposed the death penalty. On appeal, Lafferty raises numerous claims of error and argues that his convictions and sentences must be reversed. We affirm all convictions and all sentences which are the subject of this appeal.
Court: Utah Supreme Court Docket: 20740
State v. Verde (1989)
Defendant Julie Verde appeals from her conviction, following a jury trial, of the offense of the sale of a child. See Utah Code Ann. § 76-7-203 (1978). She claims that certain evidence was improperly admitted, that the jury was improperly instructed, and that there was insufficient evidence on one element of the crime. We affirm.
Court: Utah Supreme Court Docket: 20954
Petitioner Morton International, Inc. ("Morton"), seeks review of the determination of the Utah State Tax Commission ("the Commission") that certain expenditures made in the construction of facilities used in the production of sodium azide pellets and igniter material ("production facilities") are not exempt from sales and use tax under Utah Code Ann. § 59-12-104(15) or (16) (Supp. 1987).
Court: Utah Supreme Court Docket: 900325
State v. Tillman (1987)
After a trial before a jury, defendant was convicted of first degree murder in violation of Utah Code Ann. § 76-5-202 (1978) (amended 1983, 1984 & 1985) and sentenced to death. On appeal, he raises ten points of error.
Court: Utah Supreme Court Docket: 19000
State v. Thurman (1993)
Steven Douglas Thurman appeals from an interlocutory order denying his motion to suppress evidence linking him to a fatal bomb explosion. He is charged with aggravated murder, a capital felony, Utah Code Ann. § 76-5-202(1), delivering an infernal machine, a second degree felony, id. § 76-10-307, and construction of an infernal machine, a third degree felony, id. § 76-10-308. We affirm.
Court: Utah Supreme Court Docket: 910494
Plaintiff Wayne Beck appeals from a summary judgment dismissing his claim against Farmers Insurance Exchange, his automobile insurance carrier, alleging that Farmers had refused in bad faith to settle a claim for uninsured motorist benefits. We hold that on the record before us, Beck stated a claim for relief and a summary judgment was inappropriate. We reverse and remand for further proceedings consistent with this opinion.
Court: Utah Supreme Court Docket: 18926
State v. Walker (1987)Defendant was charged and convicted in a bench trial of two counts of aggravated sexual abuse of a child. He was thereafter sentenced to a statutory minimum mandatory sentence of three years to life on each count, both terms to run concurrently. Defendant has appealed on the ground that there was insufficient evidence to prove that he was an adult when he committed the offenses. He also raises four additional points on appeal: first, that the trial court erred in excluding the testimony of two [...]
Court: Utah Supreme Court Docket: 20921
Higgins v. Salt Lake County (1993)This case is before us on appeal from summary judgment in favor of defendants Salt Lake County, Dr. William Kuentzel, Sheryl Steadman, and the University of Utah. Plaintiff Kathy Lynn Higgins, who is suing individually and as guardian ad litem for her daughter Shaundra Higgins, argues that the trial court erred in ruling that defendants owed no duty to protect either her or her daughter from a potentially dangerous mental patient. We conclude that the trial court erred in finding no duty but [...]
Court: Utah Supreme Court Docket: 900255
Scharf v. BMG Corp. (1985)Defendant Vernon R. Erickson personally guaranteed leases on two pieces of repossessed equipment. He appeals from a deficiency judgment entered against him after the lessor, Kathy Scharf, sold the equipment. Erickson claims that Scharf's sale of the equipment was not "commercially reasonable" and that the notice of sale actually given did not constitute "reasonable notification," all as required by section 70A-9-504(3) of the Code. U.C.A., 1953, § 70A-9-504(3) (1980 ed.). For the reasons set [...]
Court: Utah Supreme Court Docket: 18963
State v. Rimmasch (1989)Defendant Phillip Rimmasch was charged and convicted after a bench trial of forcible sexual abuse, rape, forcible sodomy, and incest. These charges arose out of alleged incidents of sexual activity between defendant and his daughter. Rimmasch's sentence was stayed, and he was placed on probation for eighteen months, on condition that he undergo psychological treatment. He appeals his conviction, arguing, inter alia, that the trial judge erred in admitting certain testimony by expert witnesses [...]
Court: Utah Supreme Court Docket: 20760
State v. Hamilton (1992)Defendant George Wesley Hamilton appeals his conviction of second degree murder, a first degree felony. Hamilton raises three claims of error: (i) insufficiency of the evidence to support the conviction; (ii) failure to instruct the jury on the nature and effect of fingerprint evidence; and (iii) improper admission of evidence concerning other violent acts by Hamilton. With regard to Hamilton's first two claims, we find no error. As to the third claim, we need not reach the admissibility of the [...]
Court: Utah Supreme Court Docket: 890456
State v. Eldredge (1989)Defendant Richard M. Eldredge appeals from his jury conviction of four counts of sodomy on a child, in violation of section 76-5-403 of the Code. He makes several claims of error relating to, inter alia, the following: admission of the child victim's testimony and hearsay statements, exclusion of polygraph evidence and evidence of a witness's bias, sufficiency of the evidence, and failure to grant a motion for a new trial or an arrest of judgment based on exculpatory evidence discovered after [...]
Court: Utah Supreme Court Docket: 20558
Plaintiff Shirley Berube claims on appeal that the lower court erred in denying her motion to amend her complaint to add a cause of action based on Utah Code Ann. § 34-37-16(2), in granting summary judgment in favor of defendant Western States Polygraph, and in refusing to allow the jury to evaluate plaintiff's case based upon an implied covenant of good faith and fair dealing. We reverse in part, affirm in part, and remand for trial on a theory of breach of an implied term of the employment [...]
Court: Utah Supreme Court Docket: 20673
State v. Ramirez (1991)Livio Alphonso Ramirez appeals his conviction of one count of aggravated robbery, a first degree felony. He challenges his conviction on several grounds, claiming, inter alia, that he was seized and searched in violation of the United States and Utah Constitutions, that an eyewitness identification of him was unconstitutionally suggestive and unreliable, that the prosecutor made inappropriate and prejudicial remarks in his opening statement and closing argument, and that the evidence presented [...]
Court: Utah Supreme Court Docket: 880425