Utah Court of Appeals holds school district immune when teacher sexually abuses student; affirms denial of two motions to suppress; affirms denial of motion to release a lis pendis; and issued one other decision

Larsen v Davis County School District Larsen appealed the dismissal of his negligence claim against District arguing it was not barred by governmental immunity. The panel affirmed. It held that under Utah supreme Court…


Utah Supreme Court abrogates passive retailer defense in product liability cases; rejects constitutional challenge to time limits on workers’ compensation permanent and temporary total disability benefits; and declines to decide if the state constitutional exclusionary rule has a good faith exception.

Bylsma v R.C. Wiley Bylsma appealed the dismissal of his product liability and warranty claims and the denial of his motion for attorney fees. The Court, with two justices concurring in part and judgment, reversed and…


Utah Court of Appeals affirms murder conviction; vacates custody order; affirms summary judgment in a breach of contract case; affirms denial of post-conviction relief petition; rejects post-conviction relief claim; and reinstates stepparent custody petition.

State v Crespo Crespo appealed his murder, burglary and firearm convictions. The panel affirmed. It held the evidence was sufficient as to the murder count and the improbability test did not apply as there was…


Utah Supreme Court holds appellate review unavailable for untimely motions to withdraw guilty plea; rejects claim for bad faith insurance litigation attorney fees; holds stretch of Weber River navigable waters; and vacates part of a Court of Appels opinion.

State v Rettig Rettig appealed arguing he should, be allowed to withdraw his guilty plea. The Court, with Durham concurring in result, affirmed. The majority  held that the withdrawal of guilty plea statute, Utah Code…


Utah Supreme Court allows fraudulent transfer case based on property orders in a divorce case where one spouse died before final decree and affirms denial of two juveniles’ motion to suppress post-Miranda warning statements.

Portina, Louise v Portina, Patricia Louise appealed the district court judgment setting aside transfer of a house from her son as a fraudulent transfer and awarding attorney fees to Patricia for misconduct during the…


Utah Supreme Court holds it lacks jurisdiction over case as motion to amend judgment was filed late and time to appeal ran long before notice of appeal was filed.

A.S. v R.S. A.S. appealed the attorney fee award order entered by the district court. The Court dismissed. It held that electronic filings are field when the documents are received and posted by the court’s electronic…


Utah Court of Appeals affirms child sex abuse convictions; rejects ineffective assistance claim; affirms aggravated assault conviction; affirms termination of the rights of both parents as to the same child; and affirms denial of a motion to suppress.

State v Miranda Miranda appealed his child sex abuse and rape convictions. The panel affirmed. It held there was no discovery violation when victim’s mother was allowed to testify why she divorced Miranda and the state…


10th Circuit overrules circuit precedent and holds Colorado assault convictions are crimes of violence for enhanced sentence purposes and rejects habeas claim in death penalty case.

United States v Ontiveros Ontiveros appealed his sentence arguing his Colorado assault conviction did not qualify as a crime of violence for sentencing purposes under Circuit precedent. The panel affirmed holding the…


Utah Supreme Court holds claims against Indian tribal officials must be exhausted in tribal court.

Harvey, et al. v Ute Indian Tribe of the Uintah and Ouray Reservation et al. Harvey appealed the dismissal of his claims against Tribe, tribal officers and business that stopped doing business with his companies after…