Legal Opinion

Berg v. State

Court of Appeals of Utah

Decided September 30, 2004No. 20030842-CAPublishedCited by 10 opinions

1Opinion of the Court

OPINION

BENCH, Associate Presiding Judge:

AID. Berg appeals the trial court’s order dismissing his federal and state claims for lack of standing. We affirm.

BACKGROUND

¶ 2 During the last three years, Berg has engaged in private, heterosexual, consensual sexual acts with another unmarried adult. Berg admits that these acts violate Utah’s criminal laws against sodomy, see Utah Code Ann. § 76-5-403(1) (2003), 1 and fornication, see Utah Code Ann. § 76-7-104 (2003). 2 Berg says he continues to violate the statutes, and fears criminal prosecution for his past, present, and future conduct. Berg filed…

2Cases cited12 opinions

  1. Lawrence v. TexasSupreme Court of the United States · 2003
  2. Jenkins v. SwanUtah Supreme Court · 1983
  3. D.L.S. v. State of UtahCourt of Appeals for the Tenth Circuit · 2004
  4. Baird v. StateUtah Supreme Court · 1978
  5. Kennecott Corp. v. Salt Lake CountyUtah Supreme Court · 1985

7 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Wasatch Oil & Gas, L.L.C. v. ReottCourt of Appeals of Utah · 2007
  2. Brown v. BuhmanDistrict Court, D. Utah · 2013
  3. Brown v. Division of Water Rights of Department of Natural ResourcesCourt of Appeals of Utah · 2008
  4. Specht v. Big Water TownCourt of Appeals of Utah · 2007
  5. D.A.R. v. StateCourt of Appeals of Utah · 2006

5 more not listed; retrieve them via the Exa API.

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