State in Interest of KKH

610 P.2d 849, 1980 Utah LEXIS 909
CourtUtah Supreme Court
DecidedMarch 31, 1980
Docket16562
StatusPublished
Cited by12 cases

This text of 610 P.2d 849 (State in Interest of KKH) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State in Interest of KKH, 610 P.2d 849, 1980 Utah LEXIS 909 (Utah 1980).

Opinions

HALL, Justice:

K. K. H. appeals the adjudication of the Juvenile Court of Weber County that she was within its jurisdiction:1 The Decree of the court was based upon a finding that K. K. H. caused the death of one Paul Wilson by operating a motor vehicle in a negligent manner, while under the influence of intoxicating liquor.2

This appeal basically consists of a challenge to the sufficiency of the evidence. Specifically, four points are raised: (1) that the findings of the Juvenile Court are not clothed with the presumption of verity, and that this Court must therefore review the record de novo; (2) that the evidence is insufficient to support the findings; (3) that the blood alcohol test result was erroneously received in evidence; and (4) that the said test was not reliable. The contentions raised are deemed to be without merit and the judgment below is affirmed.

The following facts are abstracted from the record: K. K. H., a girl of 17 years, transported herself and a friend, Juli, from Provo to Salt Lake City in her father's automobile. Enroute, they arranged the purchase of a six-pack of beer which they partially consumed. Arriving at State Street in Salt Lake City, they encountered three boys who purchased them more beer. One of the boys, Paul Wilson, got in the automobile with K. K. H., and Juli got in the truck with the other two boys, and they proceeded to a rest room. Thereafter, Wilson persuaded the girls to drive him to Ogden (the three of them sitting abreast on the automobile’s two bucket seats). They drove on through Ogden to a cabin of a friend of Wilson’s in Ogden Canyon. They found no one there, and then, admittedly lightheaded and having to concentrate to drive, K. K. H. drove them to the Hermitage Inn, and again used the rest room. She then drove back to the cabin, remembered walking down stairs, but remembered nothing thereafter. Her explanation was that she must have fainted. Some time later, on the way down the canyon, the automobile collided rather head-on with an off-road abutment. Wilson sustained massive head injuries and was killed; K. K. H. suffered lacerations, a contusion to her shoulder and a broken right leg; and Juli suffered head and chest injuries. The first persons on the scene of the accident removed K. K. H. from the driver’s side of the automobile and identified her as the driver. The investigating officers removed Juli from her position midway between the bucket seats, one buttock on one seat and one on the other. The automobile was extensively damaged in the front end and the steering wheel was considerably deformed. At the hospital, K. K. H. admitted that she was the driver and a test of her blood reflected a blood alcohol content of 0.12%.3 Neither K. K. H. nor Juli claim to have any [851]*851recollection as to who was driving at the time of the accident, but in any event, there is no contention that it was Wilson and the physical evidence supports the conclusion that he was not. However, K. K. H. theorized that Juli was the driver, contending that her chest injuries were only consistent with a driver impacting upon the steering wheel of the automobile. On the other hand, the theory adopted by the court below was that K. K. H. drove, Juli sat in the middle, and Wilson sat on the right side, just as they had been seated on the trip from Salt Lake City to Ogden.

In support of her initial contention that this Court must review the record de novo K. K. H. cites cases decided by three of our sister states,4 but in doing so ignores the Utah statutory law on the matter. U.C.A., 1953, 78-3a-51 provides in pertinent part as follows:

An appeal to the Supreme Court may be taken from any order, decree, or judgment of the juvenile court. Such appeal shall be taken in the same manner in which appeals are taken from judgments or decrees of the district courts. [Emphasis added.]

The Constitution of Utah5 governs appeals from the district courts and provides that they are to be upon the record made in the court below. In cases at law, the appeal is limited to questions of law only, while in equity cases, the appeal may be on questions of law and fact.

Consistent with the aforementioned statutory and constitutional provisions, the decisional law of Utah has firmly established the standard of appellate review in equity cases. That standard is aptly stated in Del Porto v. Nicolo,6 as follows:

It is true, as plaintiff asserts, that this action ... is one in equity upon which this court has both the prerogative and the duty to review and weigh the evidence, and to determine the facts. However, in the practical application of that rule it is well established in our decisional law that due to the advantaged .position of the trial court, in close proximity to the parties and the witnesses, there is indulged a presumption of correctness of his findings and judgment, with the burden upon the appellant to show they were in error; and where the evidence is in conflict, we do not upset his findings merely because we may have reviewed the matter differently, but do so only if evidence clearly preponderates against them. [Citations omitted.]

and in Hatch v. Bastian,7 as follows:

Even though we may review the evidence, the proposition is well grounded in our law that due to the advantaged position of the trial court, we indulge considerable deference to his findings and do not interfere with them unless the evidence so clearly preponderates against them that this court is convinced that a manifest injustice has been done. [Citation omitted.] On the basis of what has been said above concerning the dispute in the evidence and the burdens of proof, we are not persuaded that the findings and judgment should be overturned.

Specifically in regard to the review on appeal of the equitable proceedings before the juvenile court, in State In Interest of K_B_,8 this Court stated the matter as follows:

. [I]t is well to have in mind the basic rules applicable to this review. The statute provides that appeals from the juvenile court shall be, “in the same manner . as . appeals from judgments ... of the district court . . .” Hearings in the juve[852]*852nile court involving questions as to the custody of children are equitable. Due to the extreme concern of courts for the welfare of children, proceedings in their interest are sometimes stated to be equitable in the highest degree, because th.e most careful consideration will be given such matters. In equity proceedings we are charged with the responsibility of reviewing the evidence; and it is the established rule that we will not disturb the findings and determination made unless they are clearly against the weight of the evidence, or the court has abused its discretion. [Citations omitted.]

Also, in In Re Tanner,9 it was stated:

. [W]hen the juvenile court has made its determination through proper procedure, this court will accord its findings and judgment the traditional presumptions of verity; and will not disturb them unless the appellant has sustained its burden of showing that they are in error. [Citation omitted.]

K. K. H. makes an attempt to distinguish Tanner,10

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State in Interest of KKH
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Bluebook (online)
610 P.2d 849, 1980 Utah LEXIS 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-in-interest-of-kkh-utah-1980.