Utah Code 78A-3-102. Supreme Court jurisdiction
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(1) The Supreme Court has original jurisdiction to answer questions of state law certified by a court of the United States.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| first degree felony | 5 years to life | up to $10,000 |
Terms Used In Utah Code 78A-3-102
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
(2) The Supreme Court has original jurisdiction to issue all extraordinary writs and authority to issue all writs and process necessary to carry into effect its orders, judgments, and decrees or in aid of its jurisdiction.
(3) The Supreme Court has appellate jurisdiction, including jurisdiction of interlocutory appeals, over:
(3)(a) a judgment of the Court of Appeals;
(3)(b) cases certified to the Supreme Court by the Court of Appeals prior to final judgment by the Court of Appeals;
(3)(c) discipline of lawyers;
(3)(d) final orders of the Judicial Conduct Commission;
(3)(e) final orders and decrees in formal adjudicative proceedings originating with:
(3)(e)(i) the Public Service Commission;
(3)(e)(ii) the State Tax Commission;
(3)(e)(iii) the School and Institutional Trust Lands Board of Trustees;
(3)(e)(iv) the Board of Oil, Gas, and Mining;
(3)(e)(v) the state engineer; or
(3)(e)(vi) the executive director of the Department of Natural Resources reviewing actions of the Division of Forestry, Fire, and State Lands;
(3)(f) final orders and decrees of the district court review of informal adjudicative proceedings of agencies under Subsection (3)(e) ;
(3)(g) a final judgment or decree of any court of record holding a statute of the United States or this state unconstitutional on its face under the Constitution of the United States or the Utah Constitution;
(3)(h) interlocutory appeals from any court of record involving a charge of a first degree or capital felony;
(3)(i) appeals from the district court involving a conviction or charge of a first degree felony or capital felony;
(3)(j) orders, judgments, and decrees of any court of record over which the Court of Appeals does not have original appellate jurisdiction; and
(3)(k) appeals from the district court of orders, judgments, or decrees ruling on legislative subpoenas.
(4) The Supreme Court may transfer to the Court of Appeals any of the matters over which the Supreme Court has original appellate jurisdiction, except:
(4)(a) capital felony convictions or an appeal of an interlocutory order of a court of record involving a charge of a capital felony;
(4)(b) election and voting contests;
(4)(c) reapportionment of election districts;
(4)(d) retention or removal of public officers;
(4)(e) matters involving legislative subpoenas; and
(4)(f) those matters described in Subsections (3)(a) through (d) .
(5) The Supreme Court has sole discretion in granting or denying a petition for writ of certiorari for the review of a Court of Appeals adjudication, but the Supreme Court shall review those cases certified to it by the Court of Appeals under Subsection (3)(b) .
(6) The Supreme Court shall comply with the requirements of Title 63G, Chapter 4, Administrative Procedures Act , in its review of agency adjudicative proceedings.