Police Killing A Dog Can Be Considered a Violation of the Fourth Amendment The Fourth Amendment protects dog owners against law enforcement killing their canines. Kent and Tonya Mayfield brought this action against Deputy Jim Bethards under 42 U.S.C. § 1983, claiming he violated their Fourth Amendment rights by killing their pet dog. The Mayfields claim that Deputy Bethards entered…
We Fight for All Three
Uncategorized
What is the Gun Owner Duty In Relation to Intoxicated Persons?
Does a Gun Owner Have a Duty to not Supply an Intoxicated Person with a Firearm? A gun owner does have a duty to not supply intoxicated persons with firearms. Neely Creager was at a party one evening where she had a night of heavy drinking and a blood alcohol level of 0.25. At the party, Travis Izatt unlocked his…
What is Search and Seizure in Utah?
Recent Search and Seizure Law Recent search and seizure law from the Utah Supreme Court. On an evening in December, Mr. Anderson was sitting in his parked car on the side of a rural highway with his hazard lights on. Two sheriff’s deputies pulled over to check on the welfare of any people in the vehicle, considering the hazard lights,…
Standard for Proving Civil Contempt
Civil Contempt for Violating an Order When a party to a divorce violates an order in the case the other party can ask the court to hold the violator in contempt, which can land the violator in jail, force him to pay the other party’s attorney’s fees, fine him up to $1,000 and other sanctions at the discretion of the…
Possession with Intent to Distribute
What is Intent to Distribute? Drug possession is a serious offense in Utah and the severity of the offense depends on a number of different factors such as where the possession took place, what type of drug was possessed, and if the drug was possessed for personal use or with the intent to distribute. If the state can show that…
New Rules for Motions Before A Court Commissioner
Notice Requirements Have Changed for Commissioner Hearings Rule 101 of the Utah Rules of Civil Procedure has changed to give more time for hearings on motions before a court commissioner. The rules have changed for motion practice before court commissioners, specifically Rule 101 of the Utah Rules of Civil Procedure. One of the important changes is the previously short time…
What is a Criminal Pretrial Protective Order?
Criminal Pretrial Protective Order and Domestic Violence When a defendant in a domestic violence case goes to court, the judge can enter a criminal pretrial protective order against him. You may have heard of a civil protective order, which permits an individual who has been the victim of violence or threats of violence by a cohabitant to restrain the aggressor…
Challenging a Criminal Sentence Imposed by a Judge
Does a Judge Have Unfettered Discretion in Imposing a Criminal Sentence? A judge does not have unlimited discretion in issuing a criminal sentence to a convicted felon. When a criminal defendant has either plead guilty to a charge or been found guilty by a jury, the next step in the court proceedings is called “sentencing.” This is the punishment phase.…
The Timeliness of a Restitution Order
State v. Poole – Restitution is Statutory When damages are caused during the commission of a crime the law can order the defendant to pay restitution to the victims. Utah law allows for victims of crimes to receive restitution, that is, compensation for their pecuniary loss. In State v. Poole, the Utah Court of Appeals addressed the issue of when a…
New Minimum Joint Physical Custody Law in Utah
Utah has Moved to More Liberal Parent Time This year the Utah Legislature has moved toward a more liberal minimum parent time. This is a huge victory for noncustodial parents. What is the change? Previously in Utah, the minimum joint physical custody statutory parent time gave the noncustodial parent 111 nights. The Utah State Legislature has increased that amount from…