M.K. v. Doyle
Court of Appeals of Utah
1Concurring in part, dissenting in partDavis, Judge
12 I agree with the majority that M.K.'s ongoing relationship with Doyle did not preclude her from obtaining a civil stalking injunction against him. However, I disagree with the majority's characterization of the trial court's comments regarding "Axis I disorder" as a mere credibility determination.
13 In weighing the evidence before it, the trial court took judicial notice of an "Axis I disorder that battered women tend to have where they ... tend to stay with batterers." By using this fact as a basis for disregarding evidence that . M.K. had "continued contact" with Doyle after he abused…
2Cases cited3 opinions
- State v. JohnUtah Supreme Court · 1978
- Allied Construction & Development, Inc. v. Labor Commission Appeals BoardCourt of Appeals of Utah · 2013
- Brown v. Sandy City Appeal BoardCourt of Appeals of Utah · 2014