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STATE v. CHRISTIANSEN

No. 20131107.

365 P.3d 1189 (2015)

2015 UT 74

STATE of Utah, Petitioner, v. The Honorable Terry L. CHRISTIANSEN, Third District Court; the Honorable Kate A. Toomey, Third District Court; the Honorable Steve L. Hansen, Fourth District Court; the Honorable W. Brent West, Second District Court; and the Honorable Eric A. Ludlow, Fifth District Court, Respondents.

Supreme Court of Utah.

August 14, 2015.

Attorney(s) appearing for the Case

Simarjit S. Gill , T. J. Tsakalos , Blake A. Nakamura , Salt Lake City, for petitioner.

Brent M. Johnson , Alison Adams—Perlac , Salt Lake City, for respondents.

Justice DURHAM authored the opinion of the Court in which Chief Justice DURRANT, Associate Chief Justice LEE, Justice PARRISH, and Judge PEARCE joined. Due to his retirement, Justice NEHRING does not participate herein; Court of Appeals Judge JOHN A. PEARCE sat. Justice DENO G. HIMONAS became a member of the Court on February 13, 2015, after oral argument in this matter and, accordingly, did not participate.

INTRODUCTION

¶ 1 In Utah's criminal justice system, grand jury indictments are rare. The vast majority of felony cases are prosecuted by information—that is, by a prosecutor filing charges directly in district court. The historical role of the grand jury is now generally played by the district...

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