Wilson v Educators Mutual insurance Company

Wilson appealed the interpleader judgment awarding some of the wrongful death damages to Educators on a subrogation theory. The panel reversed. It held that educators lacked standing to bring its claim because the subrogation statute, Utah Code 31A-21-108 does not authorize such claims in an insurers name, common law barred such claims, Utah precedent bars such claims absent full indemnification of claimants and policy supports allowing victims and survivors to control litigation instead of insurers.

State v Tingey

Tingey appealed the denial of his motion to suppress statements made to police officers. The panel affirmed. It held there was no prejudice from a finding that a threat made by one of the officers was inaudible on the recording as the district court concluded a threat was made and used that fact in its analysis. It held that while the question of whether Tingey was in custody was a close one,  there was no clear error in the finding that Tingey was not in custody when he made the statements because the interview as in Tingey’s apartment in a bedroom with the door open and Tingey was allowed to leave the room to say goodbye to his wife; the investigation focused on Tingey; no weapons were drawn, Tingey was not handcuffed and the door remained open; and the interview as just over an hour , Tingey had freedom of movement and knew he was not under arrest an could terminate the interview if he wished.

State v Guillen

Guillen appealed his sentence. The panel affirmed. It held the district court did not consider inaccurate information as Guillen’s counsel corrected the court’s misunderstanding about why Guillen did not look at the victim during sentencing.  It also noted Guillen provided no basis to conclude the sentence imposed was unreasonable given the presentence investigation