BERNAT v. ALLPHIN

No. 20030567.

106 P.3d 707 (2005)

2005 UT 1

Sean BERNAT, Lesa Beuchert, Jeremy Kee, Brandon Kvenvold, Donald Lang, Darrin Mann, Matthew Phillips, Joseph Scovell, Dylan T. Serre, Mark Wahlstrom, and Henry T. Zahkarian, Plaintiffs and Petitioners, v. The Honorable Michael G. ALLPHIN, The Honorable Ann Boyden, The Honorable Michael K. Burton, The Honorable Glen R. Dawson, The Honorable Donald J. Eyre, The Honorable Denise P. Lindberg, The Honorable Bruce C. Lubeck, Defendants and Respondents.

Supreme Court of Utah.

January 7, 2005.


Attorney(s) appearing for the Case

Benjamin A. Hamilton, Salt Lake City, for petitioners.

Brent M. Johnson, Salt Lake City, for respondents.


On Certiorari to the Utah Court of Appeals

DURRANT, Justice:

¶ 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...

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