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Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko Dec 2004

Continuing The Lord's Work And Healing His People: A Reply To Professors Lupu And Tuttle, Mark E. Chopko

BYU Law Review

No abstract provided.


An Itty· Bitty Immunity And Its Consequences For The Church Of Jesus Christ Of Latter·Day Saints: A Response To Professors Lupu And Tuttle, Cheryl B. Preston Dec 2004

An Itty· Bitty Immunity And Its Consequences For The Church Of Jesus Christ Of Latter·Day Saints: A Response To Professors Lupu And Tuttle, Cheryl B. Preston

BYU Law Review

No abstract provided.


Reconsidering The Constitutionality Of Federal Sentencing Guidelines After Blakely: A Former Commissioner's Perspective, Michael Goldsmith Sep 2004

Reconsidering The Constitutionality Of Federal Sentencing Guidelines After Blakely: A Former Commissioner's Perspective, Michael Goldsmith

BYU Law Review

No abstract provided.


A Custodial Suspect's Right To The Assistance Of Counsel – The Ambivalence Of Israeli Law Against The Background Of American Law, Rinat Kitai Mar 2004

A Custodial Suspect's Right To The Assistance Of Counsel – The Ambivalence Of Israeli Law Against The Background Of American Law, Rinat Kitai

Brigham Young University Journal of Public Law

No abstract provided.


Holding Virtual Child Pornography Creators Liable By Judicial Redress: An Alternative Approach To Overcoming The Obstacles Presented In Ashcroft V. Free Speech Coalition, Daniel W. Bower Mar 2004

Holding Virtual Child Pornography Creators Liable By Judicial Redress: An Alternative Approach To Overcoming The Obstacles Presented In Ashcroft V. Free Speech Coalition, Daniel W. Bower

Brigham Young University Journal of Public Law

No abstract provided.


Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus Mar 2004

Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus

Brigham Young University Journal of Public Law

No abstract provided.


State Of Utah V. Abigail Flores Gonzales : Brief Of Appellee, Utah Court Of Appeals Jan 2004

State Of Utah V. Abigail Flores Gonzales : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

DEFENDANT/APPELLEE DEFENDS AN ORDER DISMISSING A CHARGE OF DRIVING UNDER THE INFLUENCE OF WITH PRTORS. A THmD DEGREE FELONY, LN VIOLATION OF UTAH CODE ANN. SEC. 41-6-44 (SUPP 2003), A THIRD DEGREE FELONY, IN THE SEVENTH JUDICLAL DISTRICT COURT IN AND FOR EMERY COUNTY, THE HONORABLE BRUCE K. HALLWAY, PRESIDING.


Sergio Llamas Rodriguez V. State Of Utah : Brief Of Appellee, Utah Court Of Appeals Jan 2004

Sergio Llamas Rodriguez V. State Of Utah : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE DISMISSAL,WITH PREJUDICE, OF A PETITION FOR POSTCONVICTION RELIEF IN THE THIRD JUDICIAL DISTRICT, SALT LAKE COUNTY, THE HONORABLE ANTHONY B. QUINN PRESIDING


State Of Utah V. Carl Alton Winfield : Brief Of Appellee, Utah Supreme Court Jan 2004

State Of Utah V. Carl Alton Winfield : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

APPEAL FROM A CONVICTION FOR AGGRAVATED ROBBERY, A FIRST DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-6-302 (West 2004), IN THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, UTAH, THE HONORABLE PAT B. BRIAN, PRESIDING


State Of Utah V. Alex Montiel : Brief Of Respondent, Utah Supreme Court Jan 2004

State Of Utah V. Alex Montiel : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF RESPONDENT

WRIT OF CERTIORARI FOLLOWING THE COURT OF APPEALS' AFFIRMANCE OF DEFENDANT'S CONVICTION FOR AGGRAVATED ROBBERY, A FIRST DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-6-302 (1999), WITH A GANG ENHANCEMENT PURSUANT TO UTAH CODE ANN. § 76-3-203.1 (SUPP. 2001), IN THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE TIMOTHY R. HANSON PRESIDING


State Of Utah V. Robert Brian Pedockie : Brief Of Petitioner, Utah Supreme Court Jan 2004

State Of Utah V. Robert Brian Pedockie : Brief Of Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF PETITIONER

ON WRIT OF CERTIORARI TO THE UTAH COURT OF APPEALS


State Of Utah V. Penny Jo Wallace : Brief Of Appellant, Utah Court Of Appeals Jan 2004

State Of Utah V. Penny Jo Wallace : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT

APPEAL FROM A CONVICTION OF POSSESSION OF A CONTROLLED SUBSTANCE WITH INTENT TO DISTRIBUTE, A SECOND DEGREE FELONY, POSSESSION OF A CONTROLLED SUBSTANCE WITH INTENT TO DISTRIBUTE, A THIRD DEGREE FELONY, AND POSSESSION OF DRUG PARAPHERNALIA A CLASS B MISDEMEANOR


Michael Whiteman V. Clint Friel, Warden, Utah Board Of Pardons : Brief Of Appellant, Utah Court Of Appeals Jan 2004

Michael Whiteman V. Clint Friel, Warden, Utah Board Of Pardons : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT

Appeal from the Final Judgment of the Third Judicial District Court, Salt Lake County State of Utah, by the Honorable L.A. Dever


State Of Utah V. Ronald Kent Jacobsen : Brief Of Appellant, Utah Court Of Appeals Jan 2004

State Of Utah V. Ronald Kent Jacobsen : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from Sentence, Judgment, and Commitment entered on April 21, 2004, in the Second District Court, Davis County, the Honorable Darwin C. Hansen, presiding.


Nealy W. Adams V. Utah : Reply Brief, Utah Court Of Appeals Jan 2004

Nealy W. Adams V. Utah : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

On Appeal from an Order of the Second District Court, Weber Department, Honorable W. Brent West presiding


Lorin Blauer V. Utah Department Of Workforce Services : Brief Of Appellant, Utah Court Of Appeals Jan 2004

Lorin Blauer V. Utah Department Of Workforce Services : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.


State Of Utah V. Genaro Pantoja Corvera : Brief Of Appellant, Utah Court Of Appeals Jan 2004

State Of Utah V. Genaro Pantoja Corvera : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from Order Denying Defendant's Motion for New Trial, which was entered on September 27, 2 004, in the Second District Court, Davis County, the Honorable Thomas L. Kay, presiding.


State Of Utah V. Franklin Eric Halls : Brief Of Appellant, Utah Court Of Appeals Jan 2004

State Of Utah V. Franklin Eric Halls : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

THIS IS A DIRECT APPEAL FROM A JUDGMENT AND SENTENCE ENTERED IN THE SEVENTH JUDICIAL DISTRICT COURT IN AND FOR SAN JUAN COUNTY, STATE OF UTAH, THE HONORABLE LYLE R. ANDERSON, JUDGE, PRESIDING.


State Of Utah V. Mark Anthony Ott : Addenda, Utah Supreme Court Jan 2004

State Of Utah V. Mark Anthony Ott : Addenda, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

SUPPLEMENTAL ADDENDUM TO OPENING BRIEF OF APPELLANT


The State Of Utah V. Alex Montiel : Reply Brief Of Petitioner On Certiorari Review, Utah Supreme Court Jan 2004

The State Of Utah V. Alex Montiel : Reply Brief Of Petitioner On Certiorari Review, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

This writ of certiorari arises from a court of appeals' decision affirming the conviction of Aggravated Robbery, a first degree felony, in violation of Utah Code Ann. § 76-6-302 (1999), with an enhanced penalty pursuant to Utah Code Ann. § 76-3-203.1 (Supp. 2001), in the Third Judicial District Court, in and for Salt Lake County, State of Utah, the Honorable Timothy R. Hanson presiding.


Sergio Llamas Rodriguez V. State Of Utah : Brief Of Appellant, Utah Court Of Appeals Jan 2004

Sergio Llamas Rodriguez V. State Of Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM THE THIRD DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH THE HONORABLE ANTHONY B. QUINN


State Of Utah V. Genaro Pantoja Corvera : Reply Brief, Utah Court Of Appeals Jan 2004

State Of Utah V. Genaro Pantoja Corvera : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

REPLY BRIEF OF APPELLANT Appeal from Order Denying Defendant's Motion for New Trial, which was entered on September 27, 2004, in the Second District Court, Davis County, the Honorable Thomas L. Kay, presiding.


Von Lester Taylor V. The State Of Utah : Brief Of Appellant, Utah Court Of Appeals Jan 2004

Von Lester Taylor V. The State Of Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

This is the opening brief of Appellant in a capital post-conviction case presided over by the Honorable Frank G. Noel, Judge of the Third District Court, Summit County, State of Utah.


Important” And “Irreversible” But Maybe Not “Unreviewable”: The Dilemma Of Protecting Defendants’ Rights Through The Collateral Order Doctrine, Kristin B. Gerdy Jan 2004

Important” And “Irreversible” But Maybe Not “Unreviewable”: The Dilemma Of Protecting Defendants’ Rights Through The Collateral Order Doctrine, Kristin B. Gerdy

Faculty Scholarship

This articles addresses the collateral order doctrine beginning with its inception in Cohen v. Beneficial Industrial Loan Corp., and continuing through an overview of theCourt's civil collateral order jurisprudence illustrating the development of the "requirements" for attaining appellate review under the doctrine. It examines the role of "important rights" in the Court's collateral order cases and attempts to determine whether "importance" is an additional requirement of the collateral order test. The author seeks to define what the Court means by an "important" right or issue, and to explain the view that some rights are sufficiently "important" to outweigh costs of …