Utah Court of Appeals affirms summary judgment identifying the trustee of a trust; affirms denial of motion for compensation for conservator services; and holds a waiver of counsel was not knowing and intelligent.

In the Matter of the Evan O. Koller Revocable Living Trust (Koller v Shaffer and Prounis) Shaffer and Prounis appealed summary judgment to Koller ruling Koller is the trustee of the trust. The panel, with one judge…


Utah Supreme Court holds no attorney discipline for offering an opinion on an unresolved legal question.

In the Matter of the Discipline of LaJeunesse (office of Professional Conduct v LaJeunesse) Office appealed the dismissal of their petition for discipline. The Court affirmed. While noting Office’s briefing was…


Utah Court of Appeals affirms judgment for severance damages in condemnation case and vacates a declaratory judgment for lack of standing.

Utah Department of Transportation v Target Corporation and Weingarten/Miller/American Fork LLC Department appealed the award of severance damages in this condemnation case. The panel affirmed. It held target and…


Utah Supreme Court affirms rejection of defective construction claims and reverses a murder conviction.

Gables at Sterling Village Homeowners Association, Inc. v Castlewood Sterling Village I, LLC et al. Association appealed summary judgment and directed verdicts on its claims arising from alleged defective construction…


Utah Court of Appeals affirms child sex abuse convictions; rejects criminal merger argument; vacates and remands an order reducing alimony; affirms and remands a different order changing alimony; affirms road rage convictions; and issues one other decision

State v Carrell Carrell appealed his aggravated child sex abuse convictions. The panel affirmed. It held the district court properly gave the indecent liberties instruction as video evidence showed Carrell touching the…


10th Circuit affirms wire fraud convictions; reverses order to reimburse Indian housing authorities with future appropriations; and affirms judgments entered in a Kansas mineral rights case.

United States v Channon and Channon The Channons appealed their wire fraud convictions and the forfeiture order. The panel affirmed the conviction and remanded the order. It held there was no error in admitting two…


Utah Supreme Court holds restitution orders of the Board of Pardons and parole are not subject to judicial review.

State v Garcia Garcia sought review of the court of Appeals decision that the district court lacked jurisdiction over his challenge to a restitution order of the Board of Pardons and Parole. The Court affirmed holding…


Utah Court of Appeals remands medical negligence case for new trail on limitations issue; affirms rejection of care review privilege claim; affirms aggravated assault conviction; and issues one other decision.

Lee v Williams Lee appealed the dismissal of her complaint on limitations grounds and challenged several other ruling. The panel affirmed in part, reversed in part and remanded for a new trial on the limitations issue.…


Utah Supreme Court declines to decide if there is private cause of action under Utah’s free speech constitutional provisions and reverses robbery conviction based on improperly admitted preliminary hearing testimony.

Zimmerman v University of Utah and McMahon The federal district court for Utah certified questions about state constitution based free speech claims and a limitations period question about when the period starts under…