Happy New Year everyone. As we usher in the New Year of 2014, we reflect back on what we consider to be the top legal stories from 2013. There were a lot to choose from this year but we think most of you will probably agree the few we selected from for this list were the most talked about and…
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The Jury Selection Process in a Utah Criminal Case
The right to a trial by jury is one of the the oldest recognized by our federal and state constitutions. This right gives some protection from being at the mercy of a government official, who may have his own biases, prejudices, and even loyalties that are not in the best interests of the defendant who is on trial. Jury selection…
Federal Court Holds Utah’s Polygamy Law Unconstitutional
A few days ago, U.S. District Court Judge Clark Waddoups found in favor of the now famous Brown family holding key portions of Utah’s polygamy law unconstitutional. In his ruling, Judge Waddoups held specifically the Utah statute regarding cohabitation was a violation of the first and fourteenth amendments to the U.S. Constitution. The judge stated in part, “The court finds…
Determining Alimony: Imputing Income to an Underemployed Spouse
The Utah Court of Appeals recently reversed and remanded a trial court’s divorce decree which imputed income to the husband for purposes of determining alimony. In Rayner v. Rayner, 2013 UT App 269, the husband had been unemployed for approximately two years at the time his wife filed for divorce. Although he had been unemployed, the trial judge imputed an income…
Utah Supreme Court Addresses Burglary of One’s Own Home
A new case was handed down by the Utah Supreme Court last week, Utah v. Machan, which addresses the interesting issue of whether one can burglarize one’s own home. Machan was arrested and escorted out of his home by police officers. He was forced to take up a new residence after his wife got a restraining order against him which prohibited from…
The Inevitable Discovery Exception to Suppressing Illegally Obtained Evidence
The United States Supreme Court has recognized that when law enforcement officers obtain evidence through illegal means, it is the court’s duty to suppress that evidence in order to deter the illegality. Nix v. Williams, 467 U.S. 431 (1984). When such evidence is suppressed, it prevents the prosecutor from making further use of that evidence in the state’s case against…
Pretrial Order Form for Divorce Cases in the Provo District Court
In every divorce case brought in the Fourth District Court – Provo, the court requires that the parties file a pretrial order which sets forth what issues remain in the case to be tried by the judge and generally what the status of the case is at the time the order is filed. The court has a form order that…
The Judge Is The Boss When It Comes to Sentencing in Utah
Plea Negotiations and the Judge Any time a criminal defendant enters into a plea of any nature, he is opening himself up to the whims of the judge to decide how he should be sentenced. The judge has ultimate authority and all the discretion in the world when it comes to sentencing in Utah. In some types of cases the…
Medical Marijuana and Other Medicinal Hemp Extracts Coming to Utah?
A couple of days ago KSL ran a story about the potential benefits that a medicine made from a marijuana extract may have for persons suffering from epilepsy. The medicine is called Alepsia and is derived from a hemp plant. It contains THC, the active ingredient of marijuana which can give a high, but in low amounts. It also is…
Custody Factors in Utah | Salt Lake City Divorce Attorney
Not surprisingly, custody is often the most contentious issue in a divorce. Many parents enter divorce proceedings without fully understanding the divorce laws in Utah regarding custody. In Utah, there are a number of factors the Judge will consider in awarding sole custody to one parent, joint custody to both, or some type of modified custody arrangement. If you want to give…