Justia Utah Supreme Court Opinion Summaries

In 2018, Brevan Bringhurst Baugh was charged with two counts of aggravated sexual abuse of a child. The prosecution presented evidence of three instances of alleged abuse, distinguished by location, while the charges were distinguished by date. During closing arguments, the prosecution told the jury they could use any two of the three instances to fulfill the elements of the charged counts. The jury convicted Baugh on one count and acquitted him on the other.Baugh appealed to the Utah Court of Appeals, arguing that the jury might not have unanimously agreed on which instance of abuse supported the conviction. He also claimed his counsel was ineffective for not requesting specific jury instructions on unanimity. The court of appeals agreed, finding that the jury instructions were ambiguous and could have led to a non-unanimous verdict. The court vacated Baugh’s conviction.The Utah Supreme Court reviewed the case on certiorari. The court affirmed the court of appeals' decision, holding that Baugh’s counsel performed deficiently by failing to request more specific unanimity instructions. The court noted that the risk of a non-unanimous verdict was significant due to the way the evidence and charges were presented. The court also found that there was a reasonable probability that the jury would not have convicted Baugh if proper unanimity instructions had been given. Therefore, the court concluded that Baugh’s counsel was ineffective, and the conviction was vacated. View "State v. Baugh" on Justia Law

A nonprofit entity, Sports Medicine Research and Testing Laboratory (Sports Medicine), sought a property tax exemption for its South Jordan facility, claiming it was used exclusively for charitable purposes. Sports Medicine performs testing for both professional sports organizations at market rates and for government agencies and charitable organizations at discounted or no cost. It argued that the revenue from market-rate testing supports its charitable mission and that its vacant property space is intended for future charitable use.The Salt Lake County Board of Equalization denied the exemption, stating the property was not used exclusively for charitable purposes. Sports Medicine appealed to the Utah State Tax Commission, which affirmed the Board's decision. Sports Medicine then sought judicial review from the Utah Supreme Court.The Utah Supreme Court held that the property did not qualify for a tax exemption. The court reasoned that while Sports Medicine's discounted testing for charitable organizations could be considered a charitable use, its market-rate testing for professional sports organizations was not. The court emphasized that generating profit, even if used to support a charitable mission, does not constitute a charitable use of property. Additionally, the court found that the vacant portion of the property, intended for future charitable use, did not meet the requirement for current exclusive charitable use. Consequently, the court upheld the Tax Commission's denial of the property tax exemption. View "Sports Medicine Research v. Tax Commission" on Justia Law

Justin Nelson filed a lawsuit against his former mother-in-law, Traci Phillips, former sister-in-law, Ashley Phillips, and other friends and family of his deceased wife, Tiffani Nelson. Justin alleged that Traci, Ashley, and the other defendants conspired to defame him by suggesting he was responsible for Tiffani’s death. None of the defendants reside in Utah, and each moved to dismiss the complaint for lack of personal jurisdiction. They provided sworn statements denying the allegations, while Justin relied solely on his complaint’s allegations without submitting counter-evidence.The Fifth District Court in Washington County, Utah, denied the motions to dismiss. The court concluded that Justin had sufficiently alleged facts that, if proven, would demonstrate a conspiracy to defame him, thus establishing personal jurisdiction over the defendants. For Traci and Ashley, the court found that their personal contacts with Utah were sufficient to assert specific personal jurisdiction.The Utah Supreme Court reviewed the case. The court dismissed the petitions for interlocutory review filed by Traci and Ashley as improvidently granted, as the lower court had not ruled on the conspiracy theory of jurisdiction for them. The court reversed the lower court’s denial of the motions to dismiss for the other defendants, finding that Justin failed to meet his burden of providing evidence to support his allegations once the defendants had submitted sworn statements contradicting his claims. The court emphasized that without evidence to support the allegations, the district court could not assert jurisdiction based on a conspiracy theory. The case was remanded for further proceedings consistent with this opinion. View "Nelson v. Phillips" on Justia Law

Ninety-four former patients of Dr. David Broadbent, an obstetrician and gynecologist, sued him, alleging that he sexually assaulted them under the guise of providing medical treatment. The claims against Broadbent included sexual battery, sexual assault, and intentional infliction of emotional distress. The plaintiffs described various incidents where Broadbent allegedly performed inappropriate and non-medical acts during their medical appointments, causing them significant emotional and psychological harm.The defendants, including Broadbent and the healthcare facilities where he worked, moved to dismiss the case in the Fourth District Court in Provo, arguing that the plaintiffs' claims were essentially medical malpractice claims. They contended that the plaintiffs had failed to comply with the prelitigation requirements of the Utah Health Care Malpractice Act. The district court agreed with the defendants, concluding that the plaintiffs' injuries arose from health care provided by Broadbent and dismissed the case for lack of subject matter jurisdiction.The plaintiffs appealed to the Utah Supreme Court, arguing that their claims were not subject to the Malpractice Act because their injuries did not arise from health care but from sexual assaults that had no medical purpose. The Utah Supreme Court agreed with the plaintiffs, holding that the Malpractice Act did not apply to their claims. The court reasoned that the alleged acts of sexual assault were not within the scope of legitimate medical treatment and had no medical purpose, even though they occurred during medical appointments. Therefore, the plaintiffs' claims were not based on health care rendered by Broadbent, and the Malpractice Act's prelitigation requirements did not apply. The court reversed the district court's dismissal of the complaint. View "Does v. Broadbent" on Justia Law

Three customers, D.W., L.T., and J.G., filed a lawsuit against FPA Sandy Mall Associates (SMA) and Hong Guang Lin, an unlicensed massage therapist, after Lin allegedly sexually assaulted them during their massage appointments at a shopping center owned by SMA. The plaintiffs claimed premises liability and negligence, arguing that SMA, as the landlord, had a duty to ensure the safety of its invitees and to verify Lin's licensure status.The Third District Court in Salt Lake County denied SMA's motion to dismiss the claims, concluding that SMA owed a duty to the plaintiffs as invitees to keep the premises safe and to exercise reasonable care. The court also applied the five-factor analytical framework from B.R. ex rel. Jeffs v. West, 2012 UT 11, 275 P.3d 228 (Jeffs factors), to assess whether SMA had a duty to verify Lin's licensure status and found that the factors favored recognizing such a duty.The Utah Supreme Court reviewed the case on interlocutory appeal. The court clarified that the Jeffs framework is only applicable when a party seeks to establish a previously unrecognized duty. Since the plaintiffs invoked established duties under Utah law, the district court's application of the Jeffs factors was unnecessary. The Supreme Court struck the district court's analysis based on the Jeffs factors, including its observations on foreseeability, and remanded the case for further proceedings consistent with its instructions. The court did not address whether SMA owed a duty to verify Lin's licensure status, as this was not the duty recognized by the district court. View "D.W. v. FPA Sandy Mall Associates" on Justia Law

In 2008, Michael W. Thompson was convicted by a jury of two counts of forcible sodomy. Thompson appealed, arguing that his counsel was constitutionally ineffective. The Utah Court of Appeals agreed, reversed his conviction, and remanded for a new trial. The State chose not to retry Thompson, and the district court dismissed the case with prejudice. Thompson was released after serving several years in prison.Thompson later petitioned for a factual innocence determination under the Post-Conviction Remedies Act (PCRA), asserting that newly discovered material evidence proved his innocence. The post-conviction court held a hearing and concluded that Thompson had clearly and convincingly established his factual innocence. The State appealed this determination, arguing that the court misinterpreted the factual innocence statute by considering more than just the newly discovered evidence.The Utah Supreme Court reviewed the case and agreed with the State. The court held that under the plain language of the factual innocence statute, a determination of factual innocence must be based on newly discovered evidence, not evidence that was available at trial. The court found that the newly discovered evidence presented by Thompson, which included expert testimony that impeached a trial witness's testimony, did not clearly and convincingly establish his factual innocence. Consequently, the Utah Supreme Court reversed the post-conviction court's determination of factual innocence. View "Thompson v. State" on Justia Law

**Summary:**The case involves the Planned Parenthood Association of Utah (PPAU) challenging Senate Bill 174 (SB 174), a law enacted by the Utah Legislature that prohibits abortion at any stage of pregnancy except in three specific circumstances. PPAU argues that SB 174 violates several rights guaranteed by the Utah Constitution and sought a preliminary injunction to halt the law's enforcement while its constitutionality was litigated. The district court granted the preliminary injunction after an evidentiary hearing.The State of Utah petitioned for interlocutory review, presenting two primary arguments: that PPAU lacks standing to challenge the law and that the district court abused its discretion in granting the preliminary injunction. The State argued that PPAU did not have a personal stake in the dispute and that the district court erred in its application of the preliminary injunction standard.The Utah Supreme Court reviewed the case and affirmed the district court's decision. The court held that PPAU has standing to challenge SB 174, satisfying both traditional and third-party standing requirements. The court found that PPAU demonstrated a distinct and palpable injury, including the threat of criminal prosecution and economic harm, which would be redressed by enjoining the law. The court also concluded that PPAU could assert the rights of its patients due to the close relationship between PPAU and its patients and the genuine obstacles patients face in asserting their own rights.The court further held that the district court did not abuse its discretion in granting the preliminary injunction. The court determined that PPAU raised serious issues concerning the constitutionality of SB 174, which should be the subject of further litigation. The district court acted within its discretion in concluding that PPAU would suffer irreparable harm without an injunction, that the balance of harms favored an injunction, and that an injunction would not be adverse to the public interest. The preliminary injunction remains in place while PPAU litigates its claims. View "Planned Parenthood Association v. State" on Justia Law

Douglas Lovell was convicted in 2015 for the murder of Joyce Yost, a crime he committed in 1985. Lovell had previously pled guilty to the murder in 1993 and was sentenced to death, but his plea was later withdrawn, leading to a new trial. During the new trial, Lovell did not contest his guilt but argued for a lesser sentence, presenting evidence of his remorse and rehabilitation.In the lower courts, Lovell's 1993 guilty plea was vacated by the Utah Supreme Court in 2011 due to procedural errors. The case was remanded for a new trial, where Lovell was again convicted and sentenced to death. Lovell appealed, arguing that the district court improperly admitted his testimony from the 1993 proceedings and that his counsel was ineffective during the penalty phase.The Utah Supreme Court reviewed the case. The court assumed, without deciding, that the district court erred in admitting Lovell's 1993 testimony but found the error harmless beyond a reasonable doubt due to the overwhelming evidence of Lovell's guilt. However, the court agreed with Lovell that his counsel was ineffective during the penalty phase. The court found that counsel failed to adequately object to prejudicial testimony regarding Lovell's excommunication from the Church of Jesus Christ of Latter-day Saints and the Church's doctrine on repentance and remorse. This testimony improperly suggested that the jury could rely on the Church's assessment of Lovell's remorse rather than making their own determination.The Utah Supreme Court held that this ineffective assistance of counsel prejudiced Lovell's ability to have a fair sentencing hearing. As a result, the court vacated Lovell's death sentence and remanded the case for a new sentencing proceeding. View "State v. Lovell" on Justia Law

In 2018, a juvenile court removed seven children from their biological parents' custody due to abuse and neglect. The children were returned in early 2019 but removed again a few months later after continued issues. The five oldest children were eventually placed with their grandparents in New Mexico, while the two youngest, Alice and Liam, were placed with a foster family in Utah. In October 2020, the juvenile court held a termination trial to determine the best permanent placement for Alice and Liam. The court decided it was in their best interest to terminate the biological parents' rights and allow the foster family to adopt them.The biological parents appealed the decision. The Utah Court of Appeals reversed the termination order, concluding that the juvenile court's decision was against the clear weight of the evidence. The appellate court also held that termination must be "materially better" than any other option. Because it reversed on the merits, the court of appeals did not address other issues raised by the parents, such as ineffective counsel.The Utah Supreme Court reviewed the case and found several errors in the court of appeals' reasoning. First, it rejected the "materially better" standard, stating that the correct standard is whether termination is "strictly necessary" to promote the child's best interest. Second, the court of appeals exceeded its scope by reweighing evidence and considering evidence outside the record. Third, the court of appeals erred in concluding that the juvenile court's decision was against the clear weight of the evidence. The Utah Supreme Court reversed the court of appeals' decision and remanded the case for consideration of the remaining issues in the biological parents' initial appeal. View "In re A.H." on Justia Law

Linzi Labrum, the petitioner, sought a waiver of rules 14-704(c)(2) and 14-704(c)(3) of the Utah Supreme Court Rules of Professional Practice. These rules require graduates of non-ABA-accredited law schools to practice law in another state for ten years before becoming eligible to take the Utah bar exam. Labrum graduated from Concord Law School, an online, non-ABA-accredited institution, and was admitted to practice law in California in 2021. She has since worked in Utah as a law clerk, mediator, and supervised pro bono attorney.The Utah State Bar denied Labrum's application to take the Utah bar exam, citing her insufficient years of practice. Labrum petitioned the Utah Supreme Court for a waiver, arguing that her education and experience met the rules' purposes and that her circumstances were extraordinary.The Utah Supreme Court reviewed the case and held that Labrum satisfied the burden of proof established in Kelly v. Utah State Bar. The court found that Concord's education, while not on par with ABA-accredited schools, was sufficient when combined with Labrum's practical experience. Her work in Utah, including her roles as a law clerk, mediator, and pro bono attorney, demonstrated her competence and ethical standards. The court also noted the significant changes in the accreditation of online law schools and the strong recommendations from Utah legal practitioners who supervised her work.The court concluded that Labrum's case was extraordinary due to the unique challenges she faced, her commitment to serving an underserved area in Utah, and the substantial support from the legal community. The Utah Supreme Court granted her petition for waiver, allowing her to take the Utah bar exam. View "Labrum v. Utah State Bar" on Justia Law