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State Of Utah, Plaintiff/ Appellee V. Julie Starr Bland, Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals Jul 2024

State Of Utah, Plaintiff/ Appellee V. Julie Starr Bland, Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Second Judicial District Court, Weber County, Honorable Craig Hall, District Court No. 201902050

Emily Adams, Anna Grigsby, Counsel for Appellant

Christopher F. Allred, Stephen Starr, Counsel for Appellee


Francisco Cedeno, Petitioner And Appellee V. Xochitl Cedeno, Respondent And Appellant : Reply Brief, Utah Court Of Appeals Jul 2024

Francisco Cedeno, Petitioner And Appellee V. Xochitl Cedeno, Respondent And Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from final contempt order of the Honorable G. Michael Westfall Of the Fifth Judicial District Court in and for Washington County, State of Utah

Francisco I. Cedeno, Pro Se, Appellee Pro Se

Kathryn Bliss Holt, Attorney for Appellant, Xochitl Cedeno


Esther Reid V. Rebath, L.C. : Brief Of Appellee, Utah Court Of Appeals Jul 2024

Esther Reid V. Rebath, L.C. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Utah County Honorable Christine Johnson, District Court No. 1200400795

Sean Nobmann Attorney for Plaintiffs/Appellants

S. Spencer Brown (13157) STRONG AND HANNI Attorneys for Defendant/Appellee


State Of Utah, Plaintiff And Appellee V. Jessica Buck, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals Jul 2024

State Of Utah, Plaintiff And Appellee V. Jessica Buck, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON DIRECT APPEAL FROM A SENTENCE JUDGMENT COMMITMENT ENTERED BY THE HONORABLE JUDGE JEREMIAH HUMES OF THE SEVENTH JUDICIAL DISTRICT COURT IN AND FOR CARBON COUNTY, STATE OF UTAH

K. ANDREW FITZGERALD, Attorney for Appellant


Steven Beverlin V. Gail Beverlin : Reply Brief, Utah Court Of Appeals Jul 2024

Steven Beverlin V. Gail Beverlin : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Second District Court, Weber County,

Julie J. Nelson (9943) JULIE J. NELSON LAW Attorney for Steven K. Beverlin

Charles R. Ahlstrom (9979) JULIE J. NELSON LAW SAGE LAW PARTNERS, LLC Attorney for Gail W. Beverlin


Afsanteen, Llc, A Utah Limited Liability Company Plaintiffs/ Appelants V. Michael Mansfield, An Individual; David R. Salo, An Individual; Joseph E. Monson, Jr., An Individual; Smart Tech Development, Llc, A Wyoming Limited Liability Company; And John Does 1-50 Defendants/ Appellees : Reply Brief, Utah Court Of Appeals Jun 2024

Afsanteen, Llc, A Utah Limited Liability Company Plaintiffs/ Appelants V. Michael Mansfield, An Individual; David R. Salo, An Individual; Joseph E. Monson, Jr., An Individual; Smart Tech Development, Llc, A Wyoming Limited Liability Company; And John Does 1-50 Defendants/ Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM SUMMARY JUDGMENT ENTERED BY THE HONORABLE DEREK P. PULLEN OF THE FOURTH JUDICIAL DISTRICT COURT, IN AND FOR UTAH COUNTY, STATE OF UTAH

Sean N. Egan, Attorney for Defendants, Nate D. Ashcraft, Denver C. Snuffer, William T. Jennings

DAVID DRAKE, Attorneys for Afsanteen, L.L.C


State Of Utah V. Dean Spencer : Brief Of Appellant, Utah Court Of Appeals Jun 2024

State Of Utah V. Dean Spencer : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FOURTH DISTRICT COURT, UTAH COUNTY, STATE OF UTAH, FROM A CONVICTION ON ONE COUNT OF DUI, A CLASS B MISDEMEANOR, BEFORE THE HONORABLE JUDGE DENISE PORTER

PETER REICHMAN JEFFREY GRAY Utah County Attorney Counsel for Appellee

JENNIFER L. FORESTA (12212) Utah County Public Defender Assoc. Appeals Division Attorneys for Appellant


Taylor Lajeunesse, Petitioners/Appellants V. City Of Cottonwood Heights, City Of Holladay, Respondents/Appellees : Brief Of Appellee, Utah Supreme Court Jun 2024

Taylor Lajeunesse, Petitioners/Appellants V. City Of Cottonwood Heights, City Of Holladay, Respondents/Appellees : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Robert P. Faust, District Court No. 230902854

Andrew Deiss (7184) John Robinson Jr. (15247) David Ferguson (16043) DEISS LAW, P.C. Attorneys for Appellant

Matthew D. Church (15574) Kendra M. Brown (16409) MANNING CURTIS BRADSHAW & BEDNAR PLLC Attorneys for Appellees


James Mortensen V. Labor Commission, Quality Pool & Spa : Brief Of Appellant, Utah Court Of Appeals Jun 2024

James Mortensen V. Labor Commission, Quality Pool & Spa : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

AN APPEAL FROM THE LABOR COMMISSION OF UTAH

Jaceson Maughan/Christopher Hill Utah Labor Commissioner Labor Commission of Utah CODY G. KESLER RICHARDS BRANDT MILLER NELSON Attorneys for Respondents

Loren M. Lambert, No. 5101 Attorney for Appellant ARROW LEGAL SOLUTIONS GROUP, PC


Michael Cook An V. Ivins City : Brief Of Appellee, Utah Court Of Appeals Jun 2024

Michael Cook An V. Ivins City : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appellate C ase No.: 20230768-CA Trial Court Case No.: 220500679

Honorable Keith C. Barnes


Michael Cook An V. Ivins City : Brief Of Appellee, Utah Court Of Appeals Jun 2024

Michael Cook An V. Ivins City : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from a final order of the Fifth District Court for Washington County, The Honorable Keith C. Barnes ____________________________________________


Debra Jean Ream, Appellant V. Jacob Ream, Appellee : Brief Of Appellant, Utah Court Of Appeals Jun 2024

Debra Jean Ream, Appellant V. Jacob Ream, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal taken from the orders entered by Judge Derek P Pullan in the Fourth Judicial District Court of Utah County, Case Number 230400484

Ryan J. Schriever, Daniel G. Shumway, Attorneys for Appellant


State Of Utah, Plaintiff And Appellee, V. Donald Dee Anderson, Defendant And Appellant.: Brief Of Appellant Jun 2024

State Of Utah, Plaintiff And Appellee, V. Donald Dee Anderson, Defendant And Appellant.: Brief Of Appellant

Utah Appeals Court Briefs

Appeal from Sentence, Judgment, Commitment entered March 14, 2022, and denial Defendant’s motion to suppress pursuant to Sery plea of the Second Judicial District Court in and for Davis County, the Honorable Michael S. Edwards, presiding


Compagni V. Klemesrud : Brief Of Appellant, Utah Court Of Appeals Jun 2024

Compagni V. Klemesrud : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT THE HONORABLE ADAM MOW

Kristin A. VanOrman Jessica J. Johnston Scarlet R. Smith STRONG & HANNI Attorneys for Defendants/Appellees

Jefferson W. Gross (#8339) Seamus W. Appel (#17783) GROSS & ROONEY Attorneys for Plaintiff/Appellant


Spanish Fork City Plaintiff/ Appellee V. Christian Jackson Defendant Appellant : Brief Of Appellee, Utah Court Of Appeals Jun 2024

Spanish Fork City Plaintiff/ Appellee V. Christian Jackson Defendant Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

TANNER PREECE, Counsel for the Appellee

NATHAN E. BURDSAL, HUTCH U. FALE, Counsel for Appellant


State Of Utah V. Alberto Frank Hernandez : Brief Of Appellant, Utah Court Of Appeals May 2024

State Of Utah V. Alberto Frank Hernandez : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

An appeal from a judgment of conviction of aggravated assault, a third-degree felony; and obstructing justice, a class A misdemeanor; in the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Heather Brereton, presiding.

SEAN D. REYES (7969) Utah Attorney General Attorney for Appellee

ERICK GRANGE (18000) Salt Lake Legal Defender Assoc. Attorney for Appellant


State Of Utah, Plaintiff/ Appellee V. Justin Simnitt, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals May 2024

State Of Utah, Plaintiff/ Appellee V. Justin Simnitt, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fifth Judicial District Court, Iron County Hon. Ann Marie McIff Allen

Shane A. Klenk, Attorney for Appellee State of Utah

Scott A. Hagen, Attorney for Appellant Justin Simnitt


North Park Holdings, Llc Appellant V. Duke Rental Co, Llc, Appellee : Brief Of Appellee, Utah Court Of Appeals May 2024

North Park Holdings, Llc Appellant V. Duke Rental Co, Llc, Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the First Judicial District Court, Cache County, State of Utah The Honorable Spencer Walsh

Joseph M. Chambers, Attorneys for Appellant

Matthew N. Evans, Jacob G. Roberts, Attorneys for Appellee


Full Issue May 2024

Full Issue

BYU Law Review

No abstract provided.


Standing And Criminal Law, F. Andrew Hessick, Sarah A. Benecky May 2024

Standing And Criminal Law, F. Andrew Hessick, Sarah A. Benecky

BYU Law Review

According to the Supreme Court, the “irreducible constitutional minimum of Article III standing” is a concrete, particularized injury in fact that is traceable to the defendant and redressable by a favorable judgment. But this set of requirements does not apply in criminal cases. The federal government has authority to bring prosecutions for any violation of federal criminal law, regardless of whether the crime caused concrete harm to the United States or anyone else, and even though the punishment for the crime does not redress an injury in any conventional sense.

This Article argues that the difference in standing requirements between …


A Theory Of Corporate Fiduciary Duties, Benjamin Johnson May 2024

A Theory Of Corporate Fiduciary Duties, Benjamin Johnson

BYU Law Review

Corporate law lacks a general theory of a board’s power as fiduciary, and consequently, the law governing corporate fiduciary duties is notably unstable. This Article offers a novel theory that grounds corporate fiduciary duties in stronger microeconomic and legal foundations. The theory, coined the Judicial Monitoring Model (JMM), shows that even imperfect judicial monitoring makes shareholders and boards better off, even when there is no claim of a breach of the duties of loyalty or care as currently understood. The JMM synthesizes the law governing corporate fiduciary duties and other doctrines that protect principals, beneficiaries, and creditors from the risk …


The Esg Gap, Sharon Hannes, Adi Libson, Gideon Parchomovsky May 2024

The Esg Gap, Sharon Hannes, Adi Libson, Gideon Parchomovsky

BYU Law Review

The corporate world is undergoing a transformation: there has been a dramatic influx in demand for companies to promote environmental, social, and governance (ESG) values. Yet these preferences do not necessarily translate into effective corporate actions. In this Article, we underscore the structural problems that prevent such preferences from steering the corporate ship full steam ahead toward ESG goals. We analyze the central actors in the corporate sphere that can potentially bring about such change on the ground: managers, institutional investors, and activist hedge funds. We demonstrate that none of these actors have the two central elements required for promoting …


The Erosion Of Judicial Discretion: Why Congress And The Court Should Curb Restrictions For Bankruptcy Judges, Mason Spedding May 2024

The Erosion Of Judicial Discretion: Why Congress And The Court Should Curb Restrictions For Bankruptcy Judges, Mason Spedding

BYU Law Review

This Note argues that reducing bankruptcy courts’ discretionary powers is a policy mistake because broad-sweeping legislation cannot adequately account for every circumstance presented by debtors. Bankruptcy is a unique field of law that requires unique rules; unlike a purely uniform bankruptcy system that is inherently over- and under-inclusive, a system of judiciously broad discretionary powers enables bankruptcy courts to find the optimal solutions to new issues on a case-by-case basis. Rather than restricting the discretionary powers of bankruptcy judges, Congress should enact a set of standards for judges to consider when evaluating individual cases. Under this system, judges would be …


Rebeca Boza Arauz V. Juan Carlos Quiquivix Oroczo : Brief Of Appellee, Utah Court Of Appeals May 2024

Rebeca Boza Arauz V. Juan Carlos Quiquivix Oroczo : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Honorable Robert Lund, District Court No. 234400119

Juan Carlos Quiquivix Orozco, PRO SE, Pro Se for Appellant Juan Carlos Quiquivix Orozco

Julie J. Nelson, Attorneys for Appellee Rebeca Boza Arauz


Glenn Howard Griffin, Petitioner/ Appellant V. State Of Utah, Respondent/ Appellee : Brief Of Appellant, Utah Court Of Appeals May 2024

Glenn Howard Griffin, Petitioner/ Appellant V. State Of Utah, Respondent/ Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from an order granting Summary Judgment for the State dismissing Glenn Griffin’s petition under the Post-Conviction Relief Act entered in the First District Court, the Honorable Judge Spencer Walsh presiding. Case No. 170100200.

DAVID FERGUSON, Counsel for Appellant

Sean Reyes, Attorney for the Appellee


Tamara Lee Powell, Appellant V. Dean Deloy Powell, Appellee : Reply Brief, Utah Court Of Appeals May 2024

Tamara Lee Powell, Appellant V. Dean Deloy Powell, Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Judgment of the Third Judicial District Court Salt Lake County, Honorable Mark Kouris

Dennis R. James, Attorney for Appellant

David Corbett, Attorney for Appellee


David Freestone And Janet Freestone Plaintiffs/ Appellants V. Corey Walton And Heather N. Walton Defendants/ Appellees : Brief Of Appellee, Utah Court Of Appeals May 2024

David Freestone And Janet Freestone Plaintiffs/ Appellants V. Corey Walton And Heather N. Walton Defendants/ Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, FROM AN ORDER WHICH GRANTED SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANTS/APPELLEES, BEFORE THE HONORABLE JOSEPH BEAN

Russell A. Cline, Attorneys for Appellees/Defendants

Brett D. Cragun, Attorneys for Appellants/Plaintiffs


Steven Beverlin V. Gail Beverlin : Brief Of Appellee, Utah Court Of Appeals May 2024

Steven Beverlin V. Gail Beverlin : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Honorable Joseph Bean, District Court No. 214900271

Charles Ahlstrom SAGE LAW PARTNERS Attorney for Appellant Gail W. Beverlin

Julie J. Nelson (9943) JULIE J. NELSON LAW Attorney for Appellee Steven K. Beverlin


Esther Reid V. Rebath, L.C. : Brief Of Appellant, Utah Court Of Appeals May 2024

Esther Reid V. Rebath, L.C. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE GRANTING OF SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANT BY HONORABLE CHRISTINE JOHNSON OF THE FOURTH JUDICIAL DISTRICT COURT IN AND FOR UTAH COUNTY, STATE OF UTAH

S. Spencer Brown (#13157) Jack D. Smart (#15737) STRONG & HANNI

SEAN NOBMANN, Utah Bar No. 14064 SEAN NOBMANN PC Attorney for Appellant


Lisa Miner, Petitioner/ Appellee V. John Miner, Respondent/ Appellant : Reply Brief, Utah Court Of Appeals May 2024

Lisa Miner, Petitioner/ Appellee V. John Miner, Respondent/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fifth Judicial District Court, Washington County, Utah Honorable Jeffrey C. Wilcox, Presiding

Rodney R. Parker, Attorneys for Appellant