Legal Opinion · Concurrence

State ex rel. M.H. v. State

Utah Supreme Court

Decided June 27, 2014No. 20120213Published

1Concurrence

Associate Chief Justice NEHRING,

concurring:

T141 I cannot agree with the majority's analysis that the statutory deadline contained in Utah Code section T8A-6-809(2) was waived; and thus I respectfully dissent and concur only in the result. I do not say that the statutory deadline can never 'be waived, but I would hold that waiver is only possible if the parties and the court strictly comply with the relevant Utah Rules of Juvenile Procedure. I would hold that no waiver of the mandatory statutory deadline occurred because the juvenile court did not follow rule 54 of the Utah Rules of Juvenile…

2Cases cited13 opinions

  1. Clark v. MartinezSupreme Court of the United States · 2005
  2. Patterson v. PattersonUtah Supreme Court · 2011
  3. Board of Education of the Granite School District v. Salt Lake CountyUtah Supreme Court · 1983
  4. State Ex Rel. J.D.Court of Appeals of Utah · 2011
  5. R.C.S. v. A.O.L.Utah Supreme Court · 2012

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API