Justia Utah Supreme Court Opinion Summaries

Victims-Appellants T.C. and N.C. are the minor victims of sexual abuse perpetrated by their adopted older brother Zachariah Clark. As part of the restitution ordered during sentencing, the trial court required the defendant to pay the costs of the victimsâ therapy. But as defendant was also sentenced to prison, he had no means to pay those costs. Because defendant was adopted through the Utah Division of Child and Family Services (DCFS), Appellants requested that DCFS be ordered to pay their treatment costs pursuant to state law. That request was ultimately denied. On appeal, Appellants raise several grounds for challenging the district courtâs refusal to order DCFS to pay for their treatment. The Supreme Court did not reach the merits of these contentions because it found that the Appellants had no statutory right to appeal the decision.

Petitioner-Defendant Brenda White was charged with the attempted murder of her ex-husband after she chased him and hit him with her car at his workplace. Petitioner filed a pretrial motion asking the judge to instruct the jury on the extreme emotional distress defense, arguing that on the date of the incident, extreme sets overwhelmed her ability to act rationally and caused her to lose all self-control. The trial court denied her motion, and the appellate court affirmed the trial court. On review of the case, the Supreme Court found that the appellate court applied the wrong standard when it evaluated the availability of the extreme emotional distress defense, it reversed the court's decision and remanded the case to the trial court to reevaluate evidence in support of the defense.