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John Elias Scott, Appellant Vs. Andrea Odette Pena, Apelllee, Utah Court Of Appeals May 2016

John Elias Scott, Appellant Vs. Andrea Odette Pena, Apelllee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


State Of Utah, Plaintiff/ Appellee, V. Elizabeti-1 Victoria Cook, Defendant/Appellant., Utah Court Of Appeals May 2016

State Of Utah, Plaintiff/ Appellee, V. Elizabeti-1 Victoria Cook, Defendant/Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from conviction for Driving Under the Influence, a class A misdemeanor, in the Fifth Judicial District, Iron County, the Honorable Thomas M. Higbee presiding


Aria Rebekah Card, Now Known As Aria Marshall, Petitioner/Appellee, Vs. John Devin Card, Respondent/Appellant, Utah Court Of Appeals May 2016

Aria Rebekah Card, Now Known As Aria Marshall, Petitioner/Appellee, Vs. John Devin Card, Respondent/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from Order Entered in the Third Judicial District Court of Salt Lake City, Utah, Judge Paul G. Maughan


Retamco Operatinrg Inc., Plaintiff/Appellee Vs. David Sweet And Alberta Gas Company; Defendants/Appellants, Utah Court Of Appeals May 2016

Retamco Operatinrg Inc., Plaintiff/Appellee Vs. David Sweet And Alberta Gas Company; Defendants/Appellants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a Final Order in the Eightth District Court. Uintah County Honorable Edwin T. Peterson presiding


Steve Brazell, The Armer Texas Trust (Aka Texas Armer Trust), Et Al, Appellants/Plaintiff, Vs. Robert V. Brazell, Et Al. Appellees/Defendants, Utah Court Of Appeals May 2016

Steve Brazell, The Armer Texas Trust (Aka Texas Armer Trust), Et Al, Appellants/Plaintiff, Vs. Robert V. Brazell, Et Al. Appellees/Defendants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third District Court, Salt Lake County, District Civil Case No. 130900740


Charles C. Rehn, An Individual; And That Certain Real Property Located At 4118 Saddleback Road, Park City, Utah Plaintiffs/ Appellants/Crossappellees, V. Steves. Christensen, An Individual; Steves. Christensen, P.C., A Utah Professional Corporation; Henroid, Nielsen, & Christensen, A Utah General Partnership; Christensen, Corbett & Pankratz, Pllc, A Utah Professional Limited Liability Company; Hirschi Christensen,Pllc,A Utah Professional Limited Liability Company; And All Unknown Persons Who Claim Any Interest In The Subject Matter Of The Action. Defendants/ Appellees/ Crossappellants., Utah Court Of Appeals May 2016

Charles C. Rehn, An Individual; And That Certain Real Property Located At 4118 Saddleback Road, Park City, Utah Plaintiffs/ Appellants/Crossappellees, V. Steves. Christensen, An Individual; Steves. Christensen, P.C., A Utah Professional Corporation; Henroid, Nielsen, & Christensen, A Utah General Partnership; Christensen, Corbett & Pankratz, Pllc, A Utah Professional Limited Liability Company; Hirschi Christensen,Pllc,A Utah Professional Limited Liability Company; And All Unknown Persons Who Claim Any Interest In The Subject Matter Of The Action. Defendants/ Appellees/ Crossappellants., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Final Judgment, Rulings, and Orders of the Third Judicial District Court of Utah, Summit County, Utah, the Honorable Ryan M. Harris, Presiding


Jacob D. Williams, An Individual, Plaintiff/Appellant Vs. Craig Alan Anderson, An Individual, Quinn Zite, An Individual, And Anderson Zite, Llc (F/K/A Fix A Phone, Llc), A Utah Limited Liability Company, Defendants/Appellees, Utah Court Of Appeals May 2016

Jacob D. Williams, An Individual, Plaintiff/Appellant Vs. Craig Alan Anderson, An Individual, Quinn Zite, An Individual, And Anderson Zite, Llc (F/K/A Fix A Phone, Llc), A Utah Limited Liability Company, Defendants/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court of Salt Lake County, Case No. 130901891, The Honorable Robert P. Faust


C504750, Llc, A Utah Limited Liability Company, Plaintiff/Appellee Vs. Staci Baker, Defendant/Appellant, Utah Court Of Appeals May 2016

C504750, Llc, A Utah Limited Liability Company, Plaintiff/Appellee Vs. Staci Baker, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

ON APPEAL FROM THE DECISION OF THE FOURTH DISTRICT COURT, UTAH COUNTY, HONORABLE JAMES R. TAYLOR PRESIDING


The State Of Utah, Plaintiff/Appellee, Vs. Romeo Lucero Olivarez, Defendant/Appellant, Utah Court Of Appeals May 2016

The State Of Utah, Plaintiff/Appellee, Vs. Romeo Lucero Olivarez, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a judgment of conviction arising from Sery pleas to two counts of Possession or Use of a Controlled Substance, a third degree felony, in violation of Utah Code §58-37-8(2)(a)(i), in the Third District Court, in and for Salt Lake County, State of Utah, the Honorable Randall Skanchy presiding.


Patrick Liley, Plaintiff And Appellee, V. Utah Department Of Transportation, A Division Of The State Of Utah, Juab County, A Political Subdivision Of The State Of Utah, Sanpete County, A Political Subdivision Of The State Ofutah, Cedar Springs Ranch, Inc., Utah Court Of Appeals May 2016

Patrick Liley, Plaintiff And Appellee, V. Utah Department Of Transportation, A Division Of The State Of Utah, Juab County, A Political Subdivision Of The State Of Utah, Sanpete County, A Political Subdivision Of The State Ofutah, Cedar Springs Ranch, Inc., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal of Judgment upon Jury Verdict, in the Fourth Judicial District Court of Utah County, State of Utah the Honorable Jennifer A. Brown Presiding


State Of Utah V. Benjamin David Rettig : Brief Of Appellee, Utah Supreme Court May 2016

State Of Utah V. Benjamin David Rettig : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from guilty pleas to aggravated murder, a noncapital first degree felony; and aggravated kidnapping, a first degree felony, in the Fourth Judicial District, Utah County, the Honorable Thomas Low presiding


Marjorie Ann Brown, Plaintiff/ Appellant, V. The Estate Of Alice Nelson, Defendant/ Appellee., Utah Court Of Appeals May 2016

Marjorie Ann Brown, Plaintiff/ Appellant, V. The Estate Of Alice Nelson, Defendant/ Appellee., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT, WEBER COUNTY THE HONORABLE ERNEST JONES


State Of Utah, Appellee/ Plaintiff, V. Dennis Terry Wynn, Appellant/Defendant, Utah Court Of Appeals May 2016

State Of Utah, Appellee/ Plaintiff, V. Dennis Terry Wynn, Appellant/Defendant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

This is the opening brief of Mr. Wynn, who stands convicted of four counts of securities fraud, second and third degree felony violations of Utah Code Ann. 61-1-1. This appeal is from an order denying Wynn's post judgement motions for relief from the default restitution order and illegal imposition of the sentence and denying his motion to compel discovery. The Honorable Robin W. Reese of the Third District Court in and for Salt Lake county, State of Utah, imposed the sentence. The order appealed from entered in the same court, the Honorable Paul B. Parker, Judge, presiding.


Terry R. Spencer, Et Al., Plaintiffs/Appellants Vs. Stephen M. Glover, Et Al., Defendants/Appellees, Utah Court Of Appeals May 2016

Terry R. Spencer, Et Al., Plaintiffs/Appellants Vs. Stephen M. Glover, Et Al., Defendants/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Order of the Third Judicial District Court of Salt Lake, State of Utah the Honorable L. Douglas Hogan, Presiding


Riqo M Perea, Plaintiff/Appellee, Vs State Of Utah, Defendant/Appellant., Utah Court Of Appeals May 2016

Riqo M Perea, Plaintiff/Appellee, Vs State Of Utah, Defendant/Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from denial of a motion for relief from judgement of summary dismissal of petition for post-conviction relief, challenging Perea's convictions for two counts each of aggravated murder, non-capital first-degree felonies, and attempted murder, first degree felonies, in the Second Judicial District, Weber County, the honorable Ernest W. Jones presiding


Roger Bryner, Petitioner/Appellee/Cross-Appellant, V. Utah Department Of Public Safety, Driver Liscense Division, Respondent/Appellant/Cross-Appellee, Utah Court Of Appeals May 2016

Roger Bryner, Petitioner/Appellee/Cross-Appellant, V. Utah Department Of Public Safety, Driver Liscense Division, Respondent/Appellant/Cross-Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a Judgement of the Third Judicial District Court, Salt Lake County, Judge Andrew H. Stone


State Of Utah, Plaintiff/Appellant V. Robbie Michael Macdonald, Defendant/Appellee, Utah Court Of Appeals May 2016

State Of Utah, Plaintiff/Appellant V. Robbie Michael Macdonald, Defendant/Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Jacob D. Williams, An Individual, Plaintiff/Appellant Vs. Craig Alan Anderson, An Individual, And Quinn Zite, An Individual, And Anderson Zite, Llc (F/K/A/ Fix A Phone, Llc), A Utah Limited Liability Company, Defendants/Appellees, Utah Court Of Appeals May 2016

Jacob D. Williams, An Individual, Plaintiff/Appellant Vs. Craig Alan Anderson, An Individual, And Quinn Zite, An Individual, And Anderson Zite, Llc (F/K/A/ Fix A Phone, Llc), A Utah Limited Liability Company, Defendants/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.


Joseph Edwards Plaintiff I Respondent, Vs. Michael Carey And Wendy Carey, And Seirus Innovative Accessories, Inc. Defendants I Appellants., Utah Court Of Appeals May 2016

Joseph Edwards Plaintiff I Respondent, Vs. Michael Carey And Wendy Carey, And Seirus Innovative Accessories, Inc. Defendants I Appellants., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from the Third District, Salt Lake County, Honorable Mark S. Kouris, Case No. 150905215


Aria Rebekah Marshall (F.K.A. Card) V. Devin John Card, Appellant/Respondent, Utah Court Of Appeals May 2016

Aria Rebekah Marshall (F.K.A. Card) V. Devin John Card, Appellant/Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Order Denying Objection to Commissioner Recommendation, Re: Motion to Vacate Protective Order


Roger Bryner, Petitioner/Appellee/Cross-Appellant, V. Utah Department Of Public Safety, Driver Liscense Division, Respondent/Appellant/Cross-Appellee, Utah Court Of Appeals May 2016

Roger Bryner, Petitioner/Appellee/Cross-Appellant, V. Utah Department Of Public Safety, Driver Liscense Division, Respondent/Appellant/Cross-Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a Judgement of the Third Judicial District Court, Salt Lake County, Judge Andrew H. Stone


Disentangling Flight Risk From Dangerousness, Lauryn P. Gouldin Apr 2016

Disentangling Flight Risk From Dangerousness, Lauryn P. Gouldin

BYU Law Review

There is a growing national consensus about the urgent need to shrink the population of pretrial detainees and to fix our broken money bail system. Even as scholars and reformers are showing renewed interest in pretrial detention and bail, however, they have neglected a fundamental pretrial problem: the conflation (by judges and in statutes) of flight risk and danger. Reformers have offered up an array of proposals and increasingly sophisticated risk assessment tools that promise to improve judicial decision-making, but many of these tools merge flight risk and danger in ways that reinforce problematic legislative and judicial practices.

This Article …


2016-2017 Byu Law Review Masthead Apr 2016

2016-2017 Byu Law Review Masthead

BYU Law Review

No abstract provided.


Byu Law School Faculty Listing Apr 2016

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.


Table Of Contents Apr 2016

Table Of Contents

BYU Law Review

No abstract provided.


Quasi-Constitutional Protections And Government Surveillance, Emily Berman Apr 2016

Quasi-Constitutional Protections And Government Surveillance, Emily Berman

BYU Law Review

The post-Edward Snowden debate over government surveillance has been vigorous. One aspect of that debate has been widespread criticism of the Foreign Intelligence Surveillance Court (FISC), alleging that the FISC served as a rubber stamp for the government, consistently accepting implausible interpretations of existing law that served to expand government surveillance authority; engaging in tortured analyses of statutory language; and ignoring fundamental Fourth Amendment principles. This Article argues that these critiques have entirely overlooked critical aspects of the FISC’s jurisprudence. A close look at that jurisprudence reveals a court that did, in fact, vigorously defend the interests customarily protected by …


Adversary Breakdown And Judicial Role Confusion In “Small Case” Civil Justice, Jessica K. Steinberg Apr 2016

Adversary Breakdown And Judicial Role Confusion In “Small Case” Civil Justice, Jessica K. Steinberg

BYU Law Review

This Article calls attention to the breakdown of adversary procedure in a largely unexplored area of the civil justice system: the ordinary, twoparty case. The twenty-first century judge confronts an entirely new state of affairs in presiding over the average civil matter. In place of the adversarial party contest, engineered and staged by attorneys, judges now face the rise of an unrepresented majority unable to propel claims, facts, and evidence into the courtroom. The adversary ideal favors a passive judge, but the unrealistic demands of such a paradigm in today’s “small case” civil justice system have sparked role confusion among …


From Library To Liability—Importing Trade Secret Doctrines To Erase Unfair Copyright Risks Lurking In Youtube’S Creative Commons Library, Adam Balinski Apr 2016

From Library To Liability—Importing Trade Secret Doctrines To Erase Unfair Copyright Risks Lurking In Youtube’S Creative Commons Library, Adam Balinski

BYU Law Review

No abstract provided.


Incentivizing Armed Non-State Actors To Comply With The Law: Protecting Children In Times Of Armed Conflict, Sarah Hafen Apr 2016

Incentivizing Armed Non-State Actors To Comply With The Law: Protecting Children In Times Of Armed Conflict, Sarah Hafen

BYU Law Review

No abstract provided.


Daily Fantasy Sports As Game Of Chance: Distinction Without A Meaningful Difference?, N. Cameron Leishman Apr 2016

Daily Fantasy Sports As Game Of Chance: Distinction Without A Meaningful Difference?, N. Cameron Leishman

BYU Law Review

No abstract provided.