Hulbert v. State
Utah Supreme Court
1Concurring in part, dissenting in partHall, Justice
I concur with that portion of the majority opinion which holds that sovereign immunity has been waived for claims against the state for reimbursement of attorney fees and costs reasonably incurred in the successful defense of grand jury indictments; hence, I agree that the district court has jurisdiction over claims of this type. Furthermore, I agree that the retroactive application of the legislation is not invalid as violative of the constitutional provisions relating to due process and special laws.
However, it is my opinion that the trial court erred in the amount of attorney fees awarded.…
2Cases cited6 opinions
- Wilkinson v. StateUtah Supreme Court · 1913
- Wood v. BudgeUtah Supreme Court · 1962
- Wallace v. Build, Inc.Utah Supreme Court · 1965
- Ashton v. SkeenUtah Supreme Court · 1935
- Skeen v. PetersonUtah Supreme Court · 1948
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