Legal Opinion

South Jordan City v. Summerhays

Court of Appeals of Utah

Decided January 26, 2017No. 20150527-CAPublishedCited by 3 opinions

1Opinion of the Court

Memorandum Decision

ROTH, Judge:

¶1 Before us is an interlocutory appeal from a denial of a motion to dismiss criminal charges that implicates the Fifth Amendment’s Double Jeopardy Clause. We affirm.

¶2 In late 2013, Defendant Ian Summer-hays allegedly violated a protective order by contacting his ex-wife via text message, and South Jordan City charged him with two counts of violating a protective order as a result. The prosecutor charged the violations as class B misdemeanors and filed the crimi nal information in South Jordan City Justice Court. Summerhays pleaded guilty to one count and began…

2Cases cited15 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Benton v. MarylandSupreme Court of the United States · 1969
  3. Alabama v. SmithSupreme Court of the United States · 1989
  4. Serfass v. United StatesSupreme Court of the United States · 1975
  5. Schiro v. FarleySupreme Court of the United States · 1994

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3Cited by3 opinions

  1. State v. ArguellesCourt of Appeals of Utah · 2020
  2. Moulding Investments v. Box Elder CountyCourt of Appeals of Utah · 2024
  3. Willow Creek Assoc. v. HY Barr Inc.Court of Appeals of Utah · 2021

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