Monday, March 21, 2011

Before a Justice Court Case Can Be Appealed Past District Court, District Court Must Rule on Constitutionality of the Law.

Saratoga Springs City v. Wayman, 2011 UT App 22 (Utah Court of Appeals, January 21, 2011).
Wayman was convicted of Assault with a domestic violence enhancement in the Saratoga Springs Justice Court.  He appealed to the District Court.  The District Court affirmed the Justice Court ruling and Wayman appealed.  The Court of Appeals found it lacked jurisdiction because when a case originates in a justice court the following trial de novo is final and may not be appealed unless the district Court rules on the constitutionality of the state or ordinance.  Without such a ruling, there is no jurisdiction for further appeal.  Dismissed.

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