Leonard H. Russon

The case involved John Vincent Pritchett's appeal of his conviction for aggravated sexual abuse of a child, based on allegations by a nine-year-old girl that he had penetrated her vagina with his fingers during a visit to her home. Pritchett denied the claims, and the defense raised issues at trial and on appeal regarding the admission of testimony about the child's changed behavior after the incident, the use of a preliminary hearing transcript to refresh the child's memory, the denial of a mistrial motion, and the constitutionality of a Utah sentencing statute under the Fifth and Fourteenth Amendments. The Utah Supreme Court affirmed the conviction, concluding that the trial court did not err in its evidentiary rulings or in denying the mistrial and that the statute was not unconstitutional.

criminal lawprocedure

The case involved the parents and estate of eleven-year-old Michael Kouris suing the Utah Highway Patrol, the State of Utah, and Trooper Cortland Childs for wrongful death after Childs' patrol car struck and killed Michael on his bicycle while Childs was responding to an emergency radio call about a child in a car trunk. The trial court granted summary judgment to the defendants on the remaining negligence claims, finding no disputed material facts and holding that governmental immunity barred the suit under the Utah Governmental Immunity Act because Childs was operating an authorized emergency vehicle with its visual signals activated. The Utah Supreme Court affirmed, concluding that the statutory emergency vehicle exception to the waiver of immunity applied when the required signals were in use, even though the collision occurred outside a crosswalk during the trooper's attempt to pass another vehicle. A dissent argued that the majority's reading of the visibility requirement for signals imposed an unworkable standard not supported by the statutory text.

torts & liabilityprocedure

The case concerned Tom Snyder's lawsuit against Murray City Corporation after the city refused to allow him to deliver a proposed opening prayer at a municipal council meeting. Snyder had submitted a satirical prayer that criticized religion and politicians, which the city attorney rejected for violating guidelines against mocking policies or expressing political views. Snyder claimed violations of his rights under the Utah Constitution, including free exercise of religion, establishment of religion, free speech, and due process. The Utah Supreme Court reversed the district court's grant of summary judgment to the city, holding that the denial implicated protections under article I, sections 4, 7, and 15 of the Utah Constitution and that the claims were not barred by res judicata or the statute of limitations.

free speechreligious libertycivil rights

This case involves David Bennett's lawsuit against law firms Jones Waldo and Post Kirby, along with several partners, asserting claims for legal malpractice through breach of fiduciary duty, breach of contract, abuse of process, intentional infliction of emotional distress, and deceit, all arising from the firms' representation of Bennett in a federal securities class action against Gen-Probe. Bennett appealed the trial court's dismissals of his fourth amended complaint. The Utah Supreme Court affirmed, holding that the Jones Waldo defendants' motion to dismiss under rule 12(b)(6) was properly granted because Bennett failed to plead cognizable damages or other required elements for the malpractice and related claims, certain claims were barred by the statute of limitations, and the Post Kirby defendants' motion to dismiss under rule 12(b)(2) was properly granted due to lack of personal jurisdiction over the California-based firm and attorney.

torts & liabilityprocedure

This case involved Pinetree Associates, the owners of thirty condominium units in a single structure served by one water meter and line, suing Ephraim City to recover alleged overcharges after the city began assessing thirty separate minimum monthly water fees under a 1991 rate resolution instead of a single fee. The trial court granted summary judgment to Pinetree on claims that the city's charging policy violated the resolution and the uniform operation of laws provision of the Utah Constitution, ordering an accounting for refunds, and the Utah Supreme Court affirmed. The court held that the resolution's plain language requires the minimum rate to be assessed per customer based on water measured through the meter or line, so a single meter serving one structure means only one charge applies. The court rejected the city's challenges to the supporting affidavits, noting that the key facts were stipulated by the parties and no timely objection had been raised below.

business & regulatoryproperty

In State v. Schofield, the defendant was charged in district court with multiple first-degree felonies for alleged child sexual abuse that occurred when he was a minor; he moved to dismiss, claiming the juvenile court had exclusive jurisdiction. The district court denied the motion, and the Utah Supreme Court affirmed on interlocutory review. The court interpreted Utah Code Ann. § 78-3a-104(1)(a) to limit juvenile court jurisdiction to offenders who are under age twenty-one when proceedings begin, placing Schofield outside that class because he was over twenty-two at filing. The opinion further held that the statute's age-based distinction satisfies the uniform operation of laws clause of the Utah Constitution and that the district court possesses original jurisdiction over all criminal matters not statutorily assigned elsewhere.

criminal lawprocedure