Federal Judge Dale Kimball this week ordered Governor Herbert and Attorney General Reyes to legally recognize the many same sex marriages performed in Utah during the 17 day period in which same sex marriages were legal. The court held on Monday that the state of Utah could not demonstrate a valid interest or harm in recognizing the same sex marriages…
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352 New Laws in Utah Effective Tuesday
As if we didn’t have enough laws on the books already, 352 new laws in Utah will become effective tomorrow, Tuesday May 13, 2014. Every year a new heap of laws take effect 60 days after the Utah State Legislature ends it’s annual term. Many others become effective at some other specifically stated time in the law. This time of year…
How Do You Get a Court to Correct A Mistake Post Judgment?
Judges Rule Based on the Evidence Presented Believe it or not, courts make mistakes. Judges, after all, are only human. Trials can be time consuming and can include hundreds of pages of evidence and hours of testimony given by witnesses. Judges who preside over such trials are expected to make a fair judgment based on all of the evidence. In…
Judge Shumate Retires
This week, Judge James Shumate, a Fifth District Court judge in St. George Utah retired. I have had the pleasure of representing many clients in his courtroom and I always found him to be a very reasonable and fair figure on the bench. Judge Shumate served in the Fifth District for more than 23 years. Prior to being appointed as…
When Can Scientific Evidence Be Admitted?
In Utah, scientific evidence can be admitted in a case if it satisfies a four prong test: necessity, reliability, understandability, and importance. The Utah Supreme Court set forth the test for each of these factors in State v. Rimmasch, 775 P.2d 388 (Utah 1989). Necessity – The thing a court must address is whether there is any necessity at all for…
The Basics of Contempt In Family Law Proceedings
If your spouse is refusing to follow any of the terms of a court order, whether that be a divorce decree, custody order, temporary order, or otherwise, he or she could potentially be held in contempt of court. Your ex may be held in contempt if a judge finds they consistently refused to follow court orders. In order to find…
Charged with a Crime in Utah? 8 Justification Defenses
A justification defense refers to a principle in the law where, although a defendant committed a certain criminal act, he/she should not be punished because the circumstances justify the action. Generally speaking they are 8 common justification defenses that may absolve someone of criminal activity. These 8 defenses are summarized below: Self Defense – A person may defend themselves and…
Legislative Update: Raising the Age Limit for Smoking and Medical Hemp Use Pass First Hurdles
Here are a few of the highlights from last week’s legislative session: Raising the Age Limit for Smoking A handful of Utah lawmakers have been pushing a bill to raise the legal age limit for smoking and tobacco use from 19 to 21, and it looks like the bill is gaining traction. Last week, SB12 introduced by Senator Daniel Thatcher…
Deadly Force and Self Defense
Anyone charged with a crime in Utah should be aware of all possible defenses to their charges. Unfortunately, some individuals faced with criminal charges never fully disclose relevant facts to their attorney and therefore all their possible defenses in a case are never explored. This is often the case when self defense might apply. The purpose of this post is…
How to Determine if Property is Marital or Separate in a Utah Divorce
An Equitable Division of Property In Utah divorce cases the trial court is tasked with dividing all marital property in an equitable manner. An equitable division means a fair division. This means that the court will consider each of the parties’ contributions to the marriage and their circumstances at the time of the divorce. Newmeyer v. Newmeyer, 745 P.2d 1276, 1278 (Utah 1987).…