Winning on Appeal

Bugden & Isaacson, L.L.C., represents clients in a variety of criminal and civil litigation matters in Utah.  Our attorneys have extensive experience in all aspects of litigation, including appeals. 

We have a proven record of success at the appellate level, including the following cases:

State v. Jeffs, 2010 UT 49
The firm persuaded the Utah Supreme Court to reverse the conviction of Warren Jeffs. We argued that Mr. Jeffs should not have been charged with being an accomplice to rape. The case was reversed on the basis of improper instructions that were given to the jury. After the case was remanded for a new trial, the State of Utah dismissed all charges against Warren Jeffs.

For news coverage of the successful appeal:
http://www.youtube.com/watch?v=mbMt-zuM2PI

State v. Kenison, 14 P.3d 129 (Utah Ct. App. 2000)
Mr. Bugden and Ms. Isaacson persuaded the Utah Court of Appeals to reverse the decision of the trial court to sentence their client to prison.  The Court agreed with the defense that the convictions should be reduced to misdemeanors and that no prison term be imposed.

Dejavue, Inc. v. U.S. Energy Corp., 993 P.2d 222 (Utah Ct. App. 1999)
In this civil case, the firm represented the Plaintiffs in a business dispute.  The Plaintiffs were two women who had contracted with U.S. Energy to run a restaurant, mobile home park, store and motel.  U.S. Energy breached its contract with the Plaintiffs, so the women sued.  The Plaintiffs prevailed at trial and U.S. Energy appealed.  The original judgment amount was $245,039.00.  The Utah Court of Appeals upheld the award for the Plaintiffs.  In addition, the firm cross-appealed and the Utah Court of Appeals agreed that the Plaintiffs were entitled to attorney's fees as the prevailing party and attorney's fees on appeal.

Franklin v. Stevenson, 987 P.2d 22 (Utah 1999)
In this civil case involving an allegation of "repressed memory" of sexual abuse by the Plaintiff, Mr. Bugden successfully persuaded the trial court, that, despite the jury's finding of liability on the part of his client for alleged sexual abuse, that judgment should be entered in favor of his client.  Ultimately, the trial court found, and the Supreme Court of Utah agreed, that the techniques used to "recover" the memory of the Plaintiff made her memories unreliable.  Mr. Bugden's client was not held liable for the outrageous claims of sexual abuse.

Cheney v. Studstrup, 32 F.Supp. 2d 1278 (D. Utah 1998)
The firm represented a Plaintff in a civil case alleging civil rights violation when the Plaintiff was shot multiple times by law enforcement officers.  The opinion addresses issues of removal from state court, amendment of pleadings and dismissal of claims.

Jouflas v. Fox TV Stations, 927 P.2d 170 (Utah 1996)
Mr. Bugden's previous firm successfully defended Fox Television Stations against a claim of breach of an employment contract.  The trial court's judgment was affirmed on appeal before the Utah Supreme Court.

Johnson v. Redevelopment Agency, 913 P.2d 723 (Utah 1996)
Mr. Bugden represented a client who challenged the Redevelopment Agency of Salt Lake County's ordinance adopting the Union Fort Redevelopment Plan.  In sum, the Plaintiff was attempting to protect a family home from redevelopment, which in this case was the expansion of a shopping mall.  The Utah Supreme Court held that the RDA failed to comply with the provisions of the Utah Neighborhood Development Act and ruled in favor of Mr. Bugden's client.

State v. Arroyo, 796 P.2d 684 (Utah 1990)
Mr. Bugden represented the Defendant in this important case involving consent searches and pretextual traffic stops.  The Utah Supreme Court reviewed a decision of the Utah Court of Appeals.  The Court sent the case back for further hearing, but set forth standards related to admissibility of evidence obtained in a consent search after the police have acted illegally.  The Court also held that a search may be found invalid if it exceeds the scope of consent.

State v. Banner 717 P.2d 1325 (UT 86)
Mr. Bugden persuaded the Utah Supreme Court that the trial court erred in ruling that his client's prior criminal record could be introduced at trial.  The Defendant's conviction was reversed and the case was remanded for a new trial.

Seek Knowledgeable Appellate Counsel

To speak with one of our experienced appellate lawyers, contact Bugden & Isaacson, L.L.C., today at (801) 467-1700.


445 East 200 South, Suite 150  ·  Salt Lake City UT 84111  ·  801.467.1700

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