Cases
I prepared the Appeals briefs in these cases. The courts each reversed the lower courts decisions for our clients:
Layton City v. Michael Oliver
2006 UT App 244
This is an Unreasonable Detention case. The Utah Court of Appeals ruled in favor of Mr. Oliver holding that Layton City unlawfully detained him in violation of the Fourth Amendment to the United States Constitution. Being guilty of doing nothing illegal, he was held too long without probable cause while Layton City Police were seeking a warrant.
State of Utah v. Jeffrey Houston
2006 UT App 437
This is a Right to Counsel in a Criminal Trial case. The Utah Court of Appeals ruled in favor of Mr. Houston holding that the State Court violated Mr. Houston’s Sixth Amendment rights under the United States Constitution, when the district court required him to represent himself in a Felony Trial. The Court of Appeals concluded that Houston did not voluntarily and knowingly waive his right to having counsel, despite the judge twice insisting he hire counsel in the weeks preceding trial.
Bertina Olseth v. Matthew D. Larsen
2007 UT 29
This is a Statute of Limitations case. The Utah Supreme Court decided in favor of the Plaintiff, Ms. Olseth, on a certified question from the United States Court of Appeals of the Tenth Circuit. The question concerned whether the statute of limitations tolled when a defendant moves from the State of Utah. The Supreme Court disagreed with the United States District Court Judge Paul G. Cassell holding that the statute of limitations is clearly tolled and has been the status of the law for more than 90 years. When a defendant is absent from the State, the period of time during his absence is not counted. As a result, Ms. Olseth’s lawsuit was not untimely pursued.
ElkRidge Financial v. Bill Hales
2008 UT App 95
This is an Attorney’s Fees case. This is an important case to understand when asking for attorney’s fees from the opposing party by a Court order. Attorney’s fees are taxable as a cost in Utah. To qualify, one must demonstrate he/she was the prevailing party and that the claims used in defense were not meritorious, "frivolous" in other words. In this matter, the Court of Appeals reversed the lower court’s decision awarding attorneys fees because the Court of Appeals determined that Elkridge Financial did not file its lawsuit in bad faith. Judge Mower from the Sixth District Court awarded attorneys fees for conduct allegedly taking place prior to litigation, the Court of Appeals concluded that the alleged conduct occurred prior to litigation did not qualify under Utah Code Section 78-27-56, the statute at issue concerning attorneys fees.
 |
 |
 |