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Hansen v. Harper Excavating, 2014 UT App 180, 323 P.3d 969 

The plaintiff appealed the district court’s order granting summary judgment in favor of the defendant on the basis that the plaintiff’s claims required expert medical testimony. The Utah Court of Appeals affirmed, holding that the plaintiff was required to provide…

Ralphs v. McClellan, 2014 UT 36 (Aug. 29, 2014) 

The petitioner sought to challenge a previous justice court lewdness conviction when that conviction led to subsequent lewdness charges being charged as felonies. The petitioner argued that he had been deprived of his right to appeal the original justice court…

State v. Smith, 2014 UT 33 (Aug. 26, 2014) 

The Utah Supreme Court held that while it is error for a district court to accept a guilty plea without holding a preliminary hearing or obtaining an express waiver from the defendant of the right to a preliminary hearing, that…

Martin v. Rasmussen2014 UT App 200 (Aug. 21, 2014) 

The defendant in this real-estate dispute made an offer of judgment under Utah Rule of Civil Procedure 68 to resolve the matter by transferring four feet of a disputed five-foot strip of land to the plaintiff. The defendant attempted to…

State v. Doutre 2014 UT App 192 (Aug. 14, 2014) 

The Utah Court of Appeals reversed the defendant’s conviction for attempted kidnapping based on trial counsel’s ineffective assistance of counsel in failing to object to the expert testimony of a detective. Although the court identified three ways in which trial…