Legal Opinion

State v. Bruun

Court of Appeals of Utah

Decided May 9, 2019No. 20160466-CAPublishedCited by 1 opinion

1Opinion of the Court

ORME, Judge:

*758 ¶1 This case presents the question of whether a civil settlement between a victim and a defendant, entered into prior to entry of an order of complete restitution in a related criminal case, precludes the victim from enforcing that restitution order once it is entered as a judgment on the civil docket. In light of the plain language of, and the well-recognized purposes for, the Crime Victims Restitution Act, we conclude that a prior civil settlement does not preclude enforcement of a restitution judgment provided that the victim does not obtain a double recovery.

BACKGROUND

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2Cases cited10 opinions

  1. State v. DanielsUtah Supreme Court · 2002
  2. State v. OgdenUtah Supreme Court · 2018
  3. State v. LaycockUtah Supreme Court · 2009
  4. Cox v. LaycockUtah Supreme Court · 2015
  5. Ortega v. Ridgewood Estates LLCCourt of Appeals of Utah · 2016

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3Cited by1 opinion

  1. State v. Diderickson and BruunUtah Supreme Court · 2022

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