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State v. Brunn, 2019 UT App 77 (May 9, 2019)

As a matter of first impression, the Court of Appeals held that a criminal defendant’s prior settlement agreement with the victim did not preclude a restitution judgment for a greater amount under the Crime Victims Restitution Act, except to the…

State v. Smith, 2019 UT App 75 (May 2, 2019)

This appeal centered on the court’s application of the community caretaking doctrine.  Police officers found the defendant sleeping in his vehicle in a restaurant parking lot in the early morning.  Affirming the denial of a motion to suppress, the court…

State v. Gavette, 2019 UT App 73 (May 2, 2019)

The Court of Appeals vacated the defendant’s conviction and remanded for a new trial in light of the district court’s failure to comply with Utah R. Crim. P. 29 by presiding over the defendant’s trial while a motion to disqualify…

Ghidotti v. Waldron, 2019 UT App 67 (May 2, 2019)

The plaintiffs sued the sellers and their real estate agent and broker for failing to disclose that property was subject to restrictive covenants that prevented plaintiffs from operating a dog training business.  The plaintiffs did not disclose an expert to…

State v. Ahmed, 2019 UT App 65 (April 25, 2019)

This appeal arose out of the intersection between privilege and the Confrontation Clause.  Provisionally reversing the conviction, the Court of Appeals held that the district court erred in denying the defendant access to a surveillance location, which was not privileged. …