MATTER OF CR. INVEST., 7TH D. CT. NO. CS-1

No. 20268.

754 P.2d 633 (1988)

In the Matter of a CRIMINAL INVESTIGATION, 7TH DISTRICT COURT NO. CS-1.

Supreme Court of Utah.

March 31, 1988.


Attorney(s) appearing for the Case

David L. Wilkinson, Paul M. Warner, Stanley H. Olsen, Robert N. Parrish, and Suzanne M. Dallimore, Salt Lake City, for appellant.

Donald B. Holbrook, George W. Pratt, and Elizabeth M. Haslam, Salt Lake City, for respondents Maxfield, Stott and Colby.

Max D. Wheeler and Rodney R. Parker, Salt Lake City, for respondents Thompson, Conklin, Ziemski, Bowman, Mike Thompson & Associates, Guardex, Alarmex and Vanguard, Inc.

Stephen B. Nebeker and John A. Adams, Salt Lake City, for respondent Utah Power and Light Co.

F. Robert Reeder, Francis M. Wikstrom, and Michael L. Larsen, Salt Lake City, for respondent Emery Mining Corp.

Sumner J. Hatch, Salt Lake City, for respondent Fletcher.


ZIMMERMAN, Justice:

Utah's attorney general appeals from a final order of the Seventh Judicial District Court holding unconstitutional an act entitled Subpoena Powers for Aid of Criminal Investigation and Grants of Immunity ("Subpoena Powers Act" or "Act"). Utah Code Ann. §§ 77-22-1 to -3 (1982). The Act creates a second method for formally investigating criminal activities in addition to the already authorized state grand jury. It provides the attorney...

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