Latest 2 Cases: Kamoe v. Honorable Stevan Ridge (Criminal Law), Feldman v. Salt Lake City Corp. (Personal Injury)

Impeaching a Former President Is Plainly Constitutional

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan argues that the text of the Constitution makes clear that Congress has the power to impeach and convict Donald Trump, even though he is no longer President. Buchanan describes the unambiguous textual support for this conclusion, which Buchanan (and others) argue is also amply supported by the Constitution’s purpose, structure, and other interpretive approaches.

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Kamoe v. Honorable Stevan Ridge

Citation: 2021 UT 5

Opinion Date: January 28, 2021

Judge: Himonas

Areas of Law: Criminal Law

The Supreme Court reversed the judgment of the district court denying Alexie Kamoe's petition for extraordinary relief, holding that an appeal from a negotiated plea in justice court under Utah Code 78A-7-118(3) does not vacate that court's judgment. Kamoe was charged in justice court with three separate criminal counts. Pursuant to a plea agreement, Kamoe pled guilty to a single count of impaired driving. Kamoe appealed to district court but withdrew the appeal after the denial of her motion to suppress blood-test evidence. Kamoe then returned to justice court seeking to have her original conviction, sentence, and commitment reinstated. The prosecutor, who wanted Kamoe to face trial on the initial three counts, objected. The justice court denied Kamoe's request for reinstatement. Kamoe then filed a petition for extraordinary relief under Utah R. Civ. P. 65B(d)(2). The district court denied the petition. The Supreme Court reversed and remanded the case to the justice court with instructions to reinstate Kamoe's original judgment, holding that a criminal defendant's appeal of a guilty plea made in justice court does not void that court's conviction, sentence and commitment.

Feldman v. Salt Lake City Corp.

Citation: 2021 UT 4

Opinion Date: January 28, 2021

Judge: Himonas

Areas of Law: Personal Injury

The Supreme Court reversed the judgment of the district court dismissing this wrongful death suit against Salt Lake City on the grounds that the action was barred by Utah's Limitations on Landowner Liability Act's prohibition on claims for personal injury caused by the inherent risks of participating in an activity with a recreational purpose, holding that Plaintiffs sufficiently alleged that the death in this case was not caused by a risk inherent in a recreational activity. Liudmila Feldman drowned in a creek at a City park when walking her dogs. Feldman tried to get the dogs out of the creek within the park but was caught in a dangerous current and drowned. Plaintiffs sued the City for wrongful death and other causes of action, asserting that the dangerous current at the creek resulted from manmade developments. The district court granted the City's motion to dismiss, concluding that Utah Code 57-14-401 barred Plaintiffs' claims. The Supreme Court reversed, holding (1) the district court correctly held that application of section 401 does not violate the wrongful death clause of the Utah Constitution; but (2) Plaintiffs sufficiently alleged that Feldman's death was not caused by an inherent risk in her recreational activity of walking in the park with her dogs.