In the matter of C.B.S. v. J.S.D. (In re E.K.S.), 2016 UT 56, Mother gave birth to her daughter (“E.K.S.”) while she was on probation and faced additional incarceration for other criminal activities. She entrusted E.K.S. to her sister and brother-in-law (“Adoptive Parents”) to take care of the daughter until Mother would be released. Mother did not comply with the…
The Inevitable Discovery Doctrine did not Apply in the Brierley Case In the Brierley case, the Utah Supreme Court held that the inevitable discovery doctrine did not apply. Two Layton City police officers investigated a hit-and-run accident by entering a private residence with neither permission nor a warrant. They discovered evidence linking Ms. Brierley to the accident. Brierley moved to suppress…
Getting A New Trial Based on New Evidence Can Be Difficult A new trial can be had if new evidence that makes a material difference is timely discovered. Danny Logue was convicted of aggravated murder, possession of a dangerous weapon by restricted person, and obstruction of justice. Brandon Wright, a witness for the State at trial, testified that Logue admitted…
Restitution Procedure – Using Pleadings Filed by the Victim’s Attorney Restitution Procedure: can the victim of a crime intervene in the criminal case to directly request restitution? In March 2011, Michael brown was charged with several crimes involving sexual conduct with minor L.N. The victim’s counsel sought to enter an appearance for the purpose of asserting a claim for restitution,…
In 2003, Jimenez-Wiss pleaded guilty in justice court to her first DUI offense, a class B misdemeanor. She pleaded guilty again in justice court in 2008 to her second DUI offense, which resulted in a suspended fifty-day jail sentence. She did not pursue a direct...
Parental Rights IN THE INTEREST OF B.C., A PERSON UNDER EIGHTEEN YEARS OF AGE. C.S., Appellant, v. R.C., Appellee., 2016 UT App 208 C.S. (Mother) appealed the order terminating her parental rights in B.C. But in order to overturn the juvenile court’s decision, the result must be against the clear weight of the evidence or leave the appellate court with…
Dismissing A Protective Order and the Mota Case In Mota v. Mota, the Utah Court of Appeals addressed dismissing a protective order. Mota v. Mota, 2016 UT App 201 involved an interesting issue regarding dismissing a protective order. In April 2011, Jennifer Mota was at home holding the parties’ child. Lawrence Mota II threatened to commit suicide and picked up a handgun. When…
Adult Jail Time as an Alternative to Juvenile Detention The Utah Court of Appeals has held that adult jail can be an alternative to juvenile detention in some cases. In O.P. v. State (State ex rel. O.P.), 2016 UT App 181, the Utah Court of Appeals addressed whether adult jail can legally serve as an alternative to juvenile detention. O.P. appealed the…
Withholding Evidence Must Prejudice A Defendant in Order to Obtain Post Conviction Relief Withholding evidence can result in overturning a conviction. In Gordon v. State, 2016 UT App 191, the Utah Court of Appeals addressed the issue of how a prosecutor’s withholding evidence can affect a defendant’s post-conviction relief petition. Lee Lundskog was found dead outside a convenience store in…
The UCCJEA provides the statutory basis for determining which state has jurisdiction over child custody matters. Nevares v. Adoptive Couple, 2016 UT 39 The Utah Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) creates a uniform and predictable method for determining which state has jurisdiction to make child custody decisions. Bobby Nevares filed suit to establish paternity and custody over…
