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inevitable discovery
24 October 2016
Utah Supreme Court adopts rule for determining what a dangerous weapon is for aggravated robbery cases; rejects an inevitable discovery argument in a suppression case; rejects effort to modify 1910 water rights decree through post-judgment motion; and denies petition for extraordinary relief, but, order rules committees to consider removing categorical bar to new trial or relief from judgment motions based on newly discovered evidence found after the applicable deadlines while an appeal is pending.
by William Gaskill
14 August 2015
Utah Court of Appeals affirms convictions in a fatal boating accident; holds inevitable discovery applies when police start to apply or a warrant and would have gotten one; holds a prescriptive easement was proven; holds an order setting priority between creditors unambiguously did so; that lying about the whereabouts of a probationer accused of violating probation is not obstructing justice; and issues 3 other decisions.
by William Gaskill
16 January 2015
Utah Supreme Court limits attenuation exception to exclusionary rule only applies hen free will act of defendant breaks causal chain; thus, later discovered arrest warrants are controlled by inevitable discovery rule instead.
by William Gaskill
