Utah Law Developments, 0818 UTBJ, Vol. 31, No. 4. 42

Author:Rodney R. Parker, Dani N. Cepernich, Scott A. Elder, Nathanael J. Mitchell, and Adam M. Pace, J.
Position::Vol. 31 4 Pg. 42

Utah Law Developments

Vol. 31 No. 4 Pg. 42

Utah Bar Journal

August, 2018

Appellate Highlights

Rodney R. Parker, Dani N. Cepernich, Scott A. Elder, Nathanael J. Mitchell, and Adam M. Pace, J.

Editor’s Note: The following appellate cases of interest were recently decided by the Utah Supreme Court, Utah Court of Appeals, and United States Tenth Circuit Court of Appeals. The following summaries have been prepared by the authoring attorneys listed above, who are solely responsible for their content.


State v. Becker,

2018 UT App 81 (May 3, 2018) – AMP

The defendant pled guilty to attempted aggravated assault for attacking the victim with a shovel. The district court held the plea in abeyance and ordered the defendant to pay restitution of $663 to the victim, purportedly to pay for an eye exam and new glasses for the victim. The Court of Appeals reversed the restitution order and remanded to the district court with instructions to reimburse the defendant for the $663 he paid under protest. The State failed to present any evidence to show that the victim was wearing eyeglasses during the assault and failed to provide any receipts or documents from a physician with respect to the eye exam or the eyeglasses, despite having opportunities to do so at two evidentiary hearings.

Schleger v. State,

2018 UT App 84 (May 3, 2018) – SAE

The Schlegers appealed the dismissal of their medical malpractice action against the state for failure to file a complaint within the Governmental Immunity Act’s one year statute of limitations. The Schlegers argued that filing the pre-litigation claim, as required by the Utah Health Care Malpractice Act (HCMA) prior to filing a complaint, tolled the statute of limitations. The Court of Appeals disagreed, holding that the HCMA unambiguously provides that it does not affect the requirements for filing a notice of claim under the Governmental Immunity Act.

State v. Burnett,

2018 UT App 80 (May 3, 2018) – NJM

This appeal arose out of the defendant’s convictions for rape and aggravated sexual abuse. Reversing, the court of appeals...

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