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Carson v. Barnes, 2016 UT App 214 (Oct. 27, 2016)

Appealing the grant of a civil stalking injunction, the defendant argued the district court erred in considering an incident involving the defendant brandishing a gun against a non-party with connections to the plaintiff. Affirming, the Court of Appeals held that…

Sierra Club v. DEQ, 2016 UT 49 (Oct. 26, 2016)

The Executive Director of the Utah Department of Environmental Quality dismissed a request for agency action.  Rather than addressing alleged deficiencies in the Executive Director’s final order in their opening brief, the petitioners instead challenged underlying steps in the agency…

Bagley v. Bagley, 2016 UT 48 (Oct. 26, 2016)

An individual, acting as personal representative and sole heir of her deceased husband, brought an action against herself for negligently causing her husband’s death.  The Utah Supreme Court held that the wrongful death and survival action statutes unambiguously allow a person…

Mackin v. State, 2016 UT 47 (Oct. 21, 2016)

After taking his ex-girlfriend’s purse, the defendant fled the scene.  His ex-girlfriend dove into his vehicle’s passenger window and climbed in while the defendant continued to drive.  The defendant was subsequently convicted of aggravated robbery based upon the use of…

Brierley v. Layton, 2016 UT 47 (Oct. 21, 2016)

The district court granted a motion to suppress evidence obtained while a warrant application remained pending.  The Court of Appeals reversed based upon the inevitable discovery doctrine and a four-factor test articulated by the Tenth Circuit.  Reversing the Court of…