Our Demons

JOSEPH MARGULIES

Cornell law professor Joseph Margulies comments on some lessons to be learned from the recent killing of George Floyd by a Minneapolis police officer. Though he laments the atrocious and unnecessary act of violence, Margulies too resists the urge to demonize, instead adopting a personal philosophy to better understand and approach humanity: There is no them. There is only us.

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State v. Bridgewaters

Citation: 2020 UT 32

Opinion Date: May 28, 2020

Judge: Peterson

Areas of Law: Criminal Law

In this case where Defendant was charged with two separate instances of violating a protective order the Supreme Court affirmed the judgment of the district court denying Defendant's motion to quash his bindover to stand trial, holding that the magistrate properly bound over Defendant to face both counts to the extent they were based on a previously issued ex parte order. In moving to quash the bindover Defendant argued that he had not been properly served with the protective order he was accused of violating and that the ex parte order had expired. The district court denied the motion. The Supreme Court affirmed, holding (1) because the protective order was served pursuant to Utah R. Civ. P. 5, it was not properly served; (2) the district court correctly determined that the ex parte order was still in effect at the time of the alleged violations; and (3) therefore, to the extent that the charges against Defendant were based on alleged violations of the ex parte order, the bindover is affirmed.