State v Lambdin

Lamblin appealed his murder conviction arguing the jury instructions failed to properly set out the elements of extreme emotional distress special mitigation. The panel affirmed. It held the jury instructions properly set out the elements as defined by the Utah Supreme Court, correctly required the loss of self-control be objectively reasonable as most murders are done by persons under extreme emotions and correctly informed the jury that they must consider the whole course of Lambdin’s experience with his wife in making the determination on the special mitigation. It also held the prosecutor correctly stated the law as contained din the jury instruction and thus there was no error in her argument.

Marcroft v Labor Commission

Marcroft sought to appeal Commission’s order arguing it adopted an erroneous amount of subrogation. The panel affirmed holding Marcroft failed to preserve the issue below and thus was not entitled to appellate review.

1st Out Bail Bonds, LLC v Washington County Justice Court

Bonds field a motion for extraordinary relief seeking the vacation of an order to forfeit bail. The panel summarily affirmed holding Court complied with the statuary requirements to forfeit and there is no other bass to grant relief.

Fuller v Springville City

Fuller appealed the denial of their petition to have a basement apartment declared a nonconforming use. The panela affirmed holding Fuller did not provide any evidence that the apartment had ever been a legal use of their property, failed to preserve two issues and failed to adequately brief the remaining issues.