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State Of Utah, Plaintiff, V. Kevin Ashley Morris, Defendant : Brief Of Appellant, Utah Court Of Appeals May 2021

State Of Utah, Plaintiff, V. Kevin Ashley Morris, Defendant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM A MINUTES SENTENCE, JUDGEMENT AND COMMITMENT, ENTERED BY THE FOURTH JUDICIAL DISTRICT COURT, UTAH COUNTY, STATE OF UTAH

D. Jacob Summers, Prosecutor for Orem City

K. ANDREW FITZGERALD, #8944, Attorney for Kevin Ashley Morris, Appellant


State Of Utah, Plaintiff/Appellee V. Darren C. Bluemel, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals May 2021

State Of Utah, Plaintiff/Appellee V. Darren C. Bluemel, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court Case No. 991906513, the Honorable Mark Kouris presiding

Darren C. Bluemel, Pro se Defendant-Appellant

Catherine F. Jordan (17552), Attorney for Plaintiff-Appellee State of Utah


Wavetronix Llc, Petitioner V. Auditing Dmsion Of The Utah State Tax Commission, Respondent : Brief Of Appellant, Utah Supreme Court May 2021

Wavetronix Llc, Petitioner V. Auditing Dmsion Of The Utah State Tax Commission, Respondent : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On petition for review from the Utah State Tax Commission, Agency No.13-2579

Erin T. Middleton Mark E. Wainwright John C. McCarrey Attorneys for Respondent Auditing Division of the Utah State Tax Commission

Troy L. Booher (9419) J. Frederic Voros, Jr. (3340) Dick J. Baldwin (14587) Michael D. Black (9132) COMMON LAW PC 299 S. Main, Suite 1300 Attorneys for Petitioner Wavetronix LLC


Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed : Appellees' Opening Brief, Utah Supreme Court Apr 2021

Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed : Appellees' Opening Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Joseph E. Wrona (#8746), Brian A. Flach (#17408), Attorneys for Appellees

Stephen K. Christiansen (#6512), Heidi K. Gordon (#11655), Attorneys for Appellants


Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed : Appellees' Opening Brief, Utah Supreme Court Apr 2021

Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed : Appellees' Opening Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Joseph E. Wrona (#8746), Brian A. Flach (#17408), Attorneys for Appellees

Stephen K. Christiansen (#6512), Heidi K. Gordon (#11655), Attorneys for Appellants


Kourtni Haskell, Plaintiff/ Appellant, Vs. Wakefield & Assocaites, Inc. , And Matthew Frawley, An Individual, Defendants/ Appellees, Utah Court Of Appeals Apr 2021

Kourtni Haskell, Plaintiff/ Appellant, Vs. Wakefield & Assocaites, Inc. , And Matthew Frawley, An Individual, Defendants/ Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah The Honorable Judge Andrew Stone

Attorneys for Appellees, Mark A. Nickel, David Gamer, GORDON REES SCULLY MANSHUKANI, LLP

Attorneys for Appellant, Daniel Baczynski, BACZYNSKI LAW, PLLC,


Kourtni Haskell, Plaintiff/ Appellant V. Wakefield & Assocait Es, Inc., And Matthew Frawley, An Individual, Defendants/ Appellees : Reply Brief, Utah Court Of Appeals Apr 2021

Kourtni Haskell, Plaintiff/ Appellant V. Wakefield & Assocait Es, Inc., And Matthew Frawley, An Individual, Defendants/ Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah The Honorable Judge Andrew Stone

Attorneys for Appellees, Mark A. Nickel, David Gamer

Attorneys for Appellant, Daniel Baczynski


State Of Utah, Plaintiff/ Appellee V. Anthony Jeffrey Christensen, Defendant/ Appellant. : Brief Of Appellee, Utah Court Of Appeals Apr 2021

State Of Utah, Plaintiff/ Appellee V. Anthony Jeffrey Christensen, Defendant/ Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for assault by a prisoner, a first­ degree felony, in the Sixth Judicial District, Sanpete County, the Honorable Marvin D. Bagley presiding

PETER DAINES Counsel for Appellant

JONATHANS. BAUER (10004) SEAN D. REYES (7969) Utah Attorney General KEVIN L. DANIELS Counsel for Appellee


When Imitation Is Not Flattery: Addressing Cultural Exploitation In Guatemala Through A Sui Generis Model, Paul Figueroa Apr 2021

When Imitation Is Not Flattery: Addressing Cultural Exploitation In Guatemala Through A Sui Generis Model, Paul Figueroa

BYU Law Review

Indigenous Guatemalan weavers are fighting for intellectual property laws that better protect their designs and other cultural expressions. The exploitation and appropriation by local and international companies has negatively affected the weavers’ livelihoods and resulted in culturally inappropriate uses of spiritual and t raditional symbols. Adhering to Western ideals of individual creativity and utility, intellectual property laws in most of the world (including Guatemala) are not suited to protect indigenous creations. To address this legal gap, some countries have adopte d sui generis legal regimes that align with communal notions of creation, ownership and stewardship found in indigenous knowledge systems. …


Preventing Perpetrators Of Sexual Misconduct From Circulation In The International Development And Humanitarian Assistance Sectors, Susan Keller Pascocello Apr 2021

Preventing Perpetrators Of Sexual Misconduct From Circulation In The International Development And Humanitarian Assistance Sectors, Susan Keller Pascocello

BYU Law Review

No abstract provided.


Yvonne Drummer, Plaintiff/ Appellant V. University Health Care And John And Jane Does 1-50 : Brief Of Appellee, Utah Court Of Appeals Apr 2021

Yvonne Drummer, Plaintiff/ Appellant V. University Health Care And John And Jane Does 1-50 : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT THE HONORABLE LINDA JONES

Tyler T. Todd (#10691), Attorneys for Appellant

Terence L. Rooney (#5789), J. Adam Sorenson (#16577), Attorneys for Appellee University Health


The Costs Of Separation: Incarcerated Mothers And The Socioeconomic Benefits Of Community-Based Alternatives For Nonviolent Offenders, Rahgan Jensen Mar 2021

The Costs Of Separation: Incarcerated Mothers And The Socioeconomic Benefits Of Community-Based Alternatives For Nonviolent Offenders, Rahgan Jensen

Brigham Young University Journal of Public Law

No abstract provided.


“Love Is Distance”: Is That So? Lockdown Strategies, Medically Vulnerable People, And Relational Ethics, Nili Karako-Eyal Mar 2021

“Love Is Distance”: Is That So? Lockdown Strategies, Medically Vulnerable People, And Relational Ethics, Nili Karako-Eyal

Brigham Young University Journal of Public Law

No abstract provided.


All The Tenacity Of Original Sin: Agencies And Courts Continue To Place The Burden Of Persuasion On Defendants In Violation Of The Apa And Supreme Court Precedent, Arthur Sapper Mar 2021

All The Tenacity Of Original Sin: Agencies And Courts Continue To Place The Burden Of Persuasion On Defendants In Violation Of The Apa And Supreme Court Precedent, Arthur Sapper

Brigham Young University Journal of Public Law

No abstract provided.


Courts Beyond Judging, Michael C. Pollack Mar 2021

Courts Beyond Judging, Michael C. Pollack

BYU Law Review

Across all fifty states, a woefully understudied institution of government is responsible for a broad range of administrative, legislative, law enforcement, and judicial functions. That important institution is the state courts. While the literature has examined the federal courts and federal judges from innumerable angles, study of the state courts as institutions of state government — and not merely as sources of doctrine and resolvers of disputes — has languished. This Article remedies that oversight by drawing attention for the first time to the wide array of roles state courts serve, and by evaluating the suitability of both the allocation …


Time’S Up: Schools Need To Teach Students About Sexual Harassment, Alyssa Nielsen Mar 2021

Time’S Up: Schools Need To Teach Students About Sexual Harassment, Alyssa Nielsen

BYU Law Review

No abstract provided.


Kourtni Haskell, Plaintiff/ Appellant V. Wakefield & Assocait Es, Inc., And Matthew Frawley, An Individual, Defendants/ Appellees : Brief Of Appellee, Utah Court Of Appeals Mar 2021

Kourtni Haskell, Plaintiff/ Appellant V. Wakefield & Assocait Es, Inc., And Matthew Frawley, An Individual, Defendants/ Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah The Honorable Judge Andrew Stone

Attorneys for Appellees, Mark A. Nickel

Attorneys for Appellant, Daniel Baczynski


Compelling Suspects To Unlock Their Phones: Recommendations For Prosecutors And Law Enforcement, Carissa A. Uresk Mar 2021

Compelling Suspects To Unlock Their Phones: Recommendations For Prosecutors And Law Enforcement, Carissa A. Uresk

BYU Law Review

No abstract provided.


False Positivism: The Failure Of The Newest Originalism, Guha Krishnamurthi Mar 2021

False Positivism: The Failure Of The Newest Originalism, Guha Krishnamurthi

BYU Law Review

Originalism is a juggernaut. It pervades our constitutional discourse and it has become a fort and font of constitutional legitimacy. A number of our most prominent jurists and legal thinkers are self-described originalists and, in myriad constitutional cases, originalist argumentation demands our serious attention. Notwithstanding, originalists have struggled to forge any meaningful consensus on the most foundational issues. Among the serious problems, originalist theories have each struggled to navigate between preserving core features and fixed stars of our law and remaining a distinctive theory with fidelity to "original meaning."The newest effort in this struggle is the so called "positive" turn …


Yvonne Drummer, Plaintiff/ Appellant V. University Health Care And John And Jane Does 1-50 : Brief Of Appellant, Utah Court Of Appeals Mar 2021

Yvonne Drummer, Plaintiff/ Appellant V. University Health Care And John And Jane Does 1-50 : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH District Court Case No. 190910114 Honorable Linda Jones

Terence L. Rooney, #5789, J. Adam Sorenson, #16577, Attorneys for Appellee

Tyler T. Todd, #10691, Attorneys for Appellant


Conflict Of Laws For The Age Of Cybertorts: A Game Theoretic Study Of Corporate Profiteering From Choice Of Law Loopholes And Interstate Torts, Yunsieg P. Kim Mar 2021

Conflict Of Laws For The Age Of Cybertorts: A Game Theoretic Study Of Corporate Profiteering From Choice Of Law Loopholes And Interstate Torts, Yunsieg P. Kim

BYU Law Review

This Article identifies a choice of law loophole that corporations can exploit to commit interstate torts against individuals without paying damages by inducing victims to sue in a state where they are guaranteed to lose. The Second Restatement effectively requires plaintiffs bringing interstate tort claims to allege which state has the most significant relationship to their injury, because most federal courts rely on plaintiffs allegations to choose a state law for the purpose of resolving motions to dismiss. However, when torts are committed over state lines (for example, over the internet), plaintiffs can be misinformed or misled as to where …


Pregnancy During Incarceration: A “Serious” Medical Need, Rahgan Jensen Mar 2021

Pregnancy During Incarceration: A “Serious” Medical Need, Rahgan Jensen

BYU Law Review

No abstract provided.


State Of Utah, Plaintiff/Appellee Vs. Alex Christopher Mendoza, Sr. : Brief Of Appellant, Utah Court Of Appeals Mar 2021

State Of Utah, Plaintiff/Appellee Vs. Alex Christopher Mendoza, Sr. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A JUDGMENT SENTENCE AND CONVICTION OF, OBSTRUCTING JUSTICE, UTAH CODE ANN. § 76-8-306(1), A CLASS A MISDEMEANOR IN THE THIRD JUDICIAL DISTRICT COURT

HEATHER LINDSAY, Esq. DEPUTY DISTRICT ATTORNEY Counsel for Appellee

HERSCHEL BULLEN Attorney at Law Counsel for Appellant


M.N.V. Holdings, L.C., Appelant V. 200 South Llc, Appelle : Brief Of Appellant, Utah Court Of Appeals Mar 2021

M.N.V. Holdings, L.C., Appelant V. 200 South Llc, Appelle : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County Honorable Andrew Stone

Greggory J. Savage Gregory S. Roberts Ray Quinney & Nebeker Attorneys for 200 South LLC

Scott 0. Mercer J. Adam Knorr Kesler & Rust Attorneys for MN. V Holdings, L.C.


Emily Hunsaker, Plaintiff/ Appellant V. American Healthcare Capital, Defendant/ Appellee. : Brief Of Appellee, Utah Court Of Appeals Mar 2021

Emily Hunsaker, Plaintiff/ Appellant V. American Healthcare Capital, Defendant/ Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

AN APPEAL FROM A FINAL JUDGMENT ENTERED I THE FOURTH DISTRICT COURT IN AND FOR UTAH COUNTY, STATE OF UTAH

Justin D. Heideman, Justin R. Elswick,

JERE RENEER (7967), Attorney for Appellee


Mark Christopher Tracy Dba, Emigration Canyon Home Owners Association, Petitioner / Appellant, V. Simplifi Company, Jennifer Hawkes And Eric Hawkes, Respondents/Appellees : Brief Of Appellant, Utah Court Of Appeals Mar 2021

Mark Christopher Tracy Dba, Emigration Canyon Home Owners Association, Petitioner / Appellant, V. Simplifi Company, Jennifer Hawkes And Eric Hawkes, Respondents/Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from Third Judicial District, Salt Lake County, From Order Granting Motion to Dismiss Petition for De Novo Judicial Review of the Denied Request for Disclosure of Government Records Related to Lead Contamination of a Public Drinking Water System Operated by and in the Sole Custody of a For­ Profit Utah Corporation and Controlling Shareholders by the Honorable Robert P. Faust

JEREMY R. COOK TIMOTHY J. BYWATER TIME. NIELSON Counsel for Appellees

MARK CHRISTOPHER TRACY Pro Se Appellant


Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed : Brief Of Appellant, Utah Supreme Court Feb 2021

Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Third District Court, Summit County Case No. 160500473, Judges Kara Pettit and Kent Holmberg

WRONA DUBOIS, PLLC, Joseph E. Wrona, Attorneys for Appellees

CHRISTIANSEN LAW, PLLC, Stephen K. Christiansen ( 6512), Heidi K. Gordon, Attorneys for Appellants


Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed : Brief Of Appellant, Utah Supreme Court Feb 2021

Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Third District Court, Summit County Case No. 160500473, Judges Kara Pettit and Kent Holmberg

WRONA DUBOIS, PLLC, Joseph E. Wrona, Attorneys for Appellees

CHRISTIANSEN LAW, PLLC, Stephen K. Christiansen ( 6512), Heidi K. Gordon, Attorneys for Appellants


Kourtni Haskell, Plaintiff/ Appellant V. Wakefield & Assocait Es, Inc., And Matthew Frawley, An Individual, Defendants/ Appellees : Brief Of Appellant, Utah Court Of Appeals Feb 2021

Kourtni Haskell, Plaintiff/ Appellant V. Wakefield & Assocait Es, Inc., And Matthew Frawley, An Individual, Defendants/ Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah The Honorable Judge Andrew Stone

Attorneys for Appellees Mark A. Nickel, David Gamer

Attorneys for Appellant, Daniel Baczynski


M.N.V. Holdings, L.C., Appelant V. 200 South Llc, Appelle : Brief Of Appellee, Utah Court Of Appeals Feb 2021

M.N.V. Holdings, L.C., Appelant V. 200 South Llc, Appelle : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Third Judicial District Court, Salt Lake County The Honorable Andrew Stone

Scott 0. Mercer J. Adam Knorr KESLER & Rust Attorneys for MN. V Holdings, L.C.

Greggory J. Savage Gregory S. Roberts RAY QUINNEY & NEBEKER P.C. Attorneys for Appellee 200 South LLC