The Utah Court of Appeals heard two court cases at Southern Utah University on Oct. 24, as part of the Eccles APEX series. The live court presented the cases of Reath v. Brian Head and State v. Hunt.
The Reath v. Brian Head case centered on a dispute over an injury Brian Head resident, Doug Reath suffered. While filling a 300-gallon tank using a Brian Head-owned water dispenser, pressure in the system forced the hose out of the tank. This resulted in an injury to Reath’s elbow and forehead. Reath sued Brian Head town for negligence arguing that they failed to instruct him how to use the equipment properly.
After summary judgment, the district court determined that Brian Head’s alleged negligence was not the cause of Reath’s injuries. Reath appealed this decision.
Brad Harr, attorney representing Reath, contended that Brian Head should have included a warning of the risk that could arise if the valve isn’t shut off.
Gregory Hoole, attorney representing Brian Head Town, argued that Reath knew of an external pressure valve, which he used on many occasions. By not putting the valve in the off position, Reath assumed the risk.
Harr rebutted that negligence started on behalf of Brian Head not Reath. The court took a recess and prepared for the next case.
The next case presented was State v. Hunt. In 2022, Bradley Hunt was convicted of murder and possessing a firearm. At the time Hunt was legally restricted from possessing a firearm. Hunt raised multiple issues with his conviction. He argued that the trial counsel provided ineffective assistance, the prosecutor engaged in misconduct and the trial court erred in denying him a mistrial.
Andrew Fitzgerald, attorney for Hunt, argued that information put on the record by the defense counsel biased Hunt from a fair trial.
William Haines, attorney representing the state, argued Hunt received effective assistance from his counsel. He claimed that the trial court reasonably denied the mistrial notion when Hunt testified about his mental state.
“Bringing in prior bad acts, and then bringing in testimony from the warden of your ten-year incarceration, and significant details of what put you there just put you in very bad light in front of that jury,” said Fitzgerald in his rebuttal.
Fitzgerald argued that bringing in Hunt’s warden’s testimony painted Hunt in a bad light in the eyes of the jury, hence why his defense failed out of the gate.
After the case presentation, students participated in a Q&A. Questions were to avoid the ongoing case deliberation and instead focused on voting and why the judges were presiding over cases at SUU.
Judge Gregory K. Orme explained that it was a joint effort between himself and Michael Benson, a previous SUU president.
For more information regarding the APEX series, visit their website and for information on Utah court cases, visit the Utah State Courts website.
Author: Carlos Grilli
Photo courtesy of SUU
Copy Editor: Michele Fogg
Editor: Anna Mower
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