Legal Opinion

Bernat v. Allphin

Utah Supreme Court

Decided January 7, 2005No. 20030567PublishedCited by 39 opinions

1Opinion of the Court

DURRANT, Justice:

1 1 Petitioners challenge the constitutionality of Utah's two-tier justice court system, arguing that this system violates the prohibition against double jeopardy and denies defendants due process and equal protection under the law. They assert that, in light of these alleged violations, the court of appeals abused its discretion when it refused to issue writs of mandamus directing various district courts to dismiss the charges against Petitioners. We reject Petitioners' constitutional challenges and affirm the court of appeals.

BACKGROUND

12 Petitioners Sean Bernat, Lesa…

2Cases cited26 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  3. Burks v. United StatesSupreme Court of the United States · 1978
  4. Benton v. MarylandSupreme Court of the United States · 1969
  5. Green v. United StatesSupreme Court of the United States · 1957

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

3Cited by39 opinions

  1. State v. MaestasUtah Supreme Court · 2012
  2. State v. LeeUtah Supreme Court · 2006
  3. State v. CruzUtah Supreme Court · 2005
  4. State v. RodriguesUtah Supreme Court · 2009
  5. West Jordan City v. GoodmanUtah Supreme Court · 2006

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

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