[{"_1":2,"_88":-5,"_89":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6562559,"mediaKeyId","3273255-a7593296270a73540e48a90119e8b0cf","parentId",3273255,"title","Court of Appeals weighs whether DCFS interview outside apartment was custodial for Miranda purposes","audioSeconds",2100,"startMs",3583335,"endMs",5683895,"viewUrl","/Search/View?dp=1&key=3273255-a7593296270a73540e48a90119e8b0cf&start=3583&end=5683","thumbnailUrl","https://assets.pipeline.soar.com/3273255-a7593296270a73540e48a90119e8b0cf/thumbnail_3583335.jpg","articleUrl","/articles/6562559/Utah/Court-of-Appeals-weighs-whether-DCFS-interview-outside-apartment-was-custodial-for-Miranda-purposes","mediaUrl","https://secure.pipeline.soar.com/6562559-a5bf431577983754d455720af74f88a9/orig.mp4?Expires=1773661125&Signature=EnEW1m1nATQPNM6ts5hdVYE8SzYleaVqxHsfElA09rSIk3r0RI51yY-HsG7Q0nyRUbD7pigT0-GaiZZizEoRW23jQnW40n3GSxB-KyfMFv14V8R5HENjusZvKkT8ROTMHrHBAiRz1PEo3ZL7e6h4TXA8TXlZ8tk6cmcAbApMxsYxvZGqqak9BjrmIxteX5JGa4oAcLi9rMsSwWM2XHYTYt6J7AT6rEHgipZooVaIW8s6vbj4TQ1DmvMutFf-9tKg0zcNNftK4izu8DUohtdkvl7kVpvd0rRibiOqhAo4h2Hxkh7ZQ3Q9x1vzg9njgtP8gNA5VaKQeGS56vQjp~fo9A__&Key-Pair-Id=KUT5TJCACFTXG","author","Utah Court of Appeals","date","2025-05-06T16:58:26Z","article","The Utah Court of Appeals heard argument in State v. Hansen (case no. 20220178) over whether statements the defendant made during an apartment interview were the product of custodial interrogation requiring Miranda warnings. Jennifer Foresta represented Miss Hansen; Christopher Ballard argued for the state.

Foresta told the court the lower court erred in denying a suppression motion and that statements elicited in an unwarned apartment interview should be excluded. Defense counsel urged that the presence of a DCFS worker and two uniformed officers, their control of the doorway and supervision of the defendant’s young child, and repeated statements by one officer that the defendant “didn’t have a choice” to talk turned the encounter into a custodial setting requiring Miranda warnings. Foresta emphasized that the defendant had no meaningful ability to terminate the encounter, that a DCFS worker directed the child’s movement, and that the defendant’s body language and requests (asking to speak on the landing) reflected coercion rather than voluntariness.

The state countered that Hansen voluntarily invited the DCFS worker into her apartment, suggested going outside for the interview, and directed certain aspects of how the conversation would occur. Ballard argued the defendant retained the “freedom to control the circumstances” of the interview and that the totality of circumstances pointed away from a station-house–style custodial setting. Ballard highlighted that the officers did not display weapons or handcuff the defendant and that a family member briefly approached during the encounter, which the state said evidenced a public, not an oppressive, environment.

Panel members pressed both sides on whether the critical statements by officers — for example, “you don’t have a choice right now” and “I’m gonna stay right here, you’re gonna go talk to them” — transformed what began as a voluntary encounter into custodial interrogation. Judges also questioned the role of DCFS authority and whether the prospect of child removal heightened coercive pressure. Both sides acknowledged that a ruling for the defense could require suppression of statements and, given the lack of a harmlessness analysis in the state’s briefing, potentially require reversal and a new trial.

No opinion was announced. The court thanked counsel, took the matter under advisement and said it will issue a written decision.

Why it matters: The appeal raises recurring questions about when interactions with social-services investigators and police at a private residence become custodial for Miranda purposes, and whether parental concern about child removal can create the “coercive pressures” that necessitate warnings and suppression.","mediaType","Video","parentTitle","20231107 Terry v. Terry audio file","oneSentenceSummary","In State v. Hansen, defense and prosecution disputed whether an interview conducted by a DCFS worker and two officers on an apartment landing was custodial and therefore required Miranda warnings; the appellate panel heard extended questioning and took the case under advisement.","taxTitle","Utah Court of Appeals Live Stream, Utah Appellate Court, Utah Judicial Branch, Utah","taxId",76036,"location","Utah","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6562563,"Court of Appeals hears dispute over whether $2.7 million injury settlement became marital property",1396,600825,1997200,"/Search/View?dp=1&key=3273255-a7593296270a73540e48a90119e8b0cf&start=600&end=1997","https://assets.pipeline.soar.com/3273255-a7593296270a73540e48a90119e8b0cf/thumbnail_600825.jpg","/articles/6562563/Utah/Court-of-Appeals-hears-dispute-over-whether-27-million-injury-settlement-became-marital-property","https://secure.pipeline.soar.com/6562563-e43fe784103595a69917d37ee17088ca/orig.mp4?Expires=1773661125&Signature=a1oLb2LLyiKx4R27uwBbNcaYzB514pFxwG0cdWbP6ozJWDPl8-iOfqbmSUu8QxNLCl0bhDfum8lf5qfnfgEUcn3xAggLWS4DGi08YG3yPtL-TfX940THMn9PQeO9aWHLHvv~qnz8pDlcnfCOEYi0X1tluImFX8Mcf~2s8D~LVxxNtGWTLIanwuLhnrCj~-SfbefpX1ZU2YBd-jX8DhWWObcJXnB6lsawZo75NoBKHGJa2sTFttULJTErZFNiUzg6s1aIfnzXYeUUq2n7ch~ycwC4uxVJ4eW2JXTYk0qiIzj~pLUkBZPfa8CwiGpeMJs44rHgJwXeFrjsYuO6UHoUEg__&Key-Pair-Id=KUT5TJCACFTXG","The Utah Court of Appeals heard oral argument in Terry v. Terry (case no. 20231107) over whether a $2.7 million personal-injury settlement became marital property after checks were deposited into a joint account.

Mikayla Irvin and Emily Adams appeared for the appellant, James Terry; Spencer Brown and Jennifer Falk argued for the respondent and related parties. The district court had found that $1,894,000 of the settlement accounted solely for pain and suffering and was separate property, and it ultimately awarded Jamie Terry about 16% of the $2.7 million. Irvin told the panel that the district court “got it wrong” and that the funds were commingled, entitling Jamie to an equal or nearly equal split.

The appellant argued that commingling occurred in two recognized ways: (1) a spouse contributes separate property to the marital estate with intent that it become joint property, and (2) separate property becomes inextricably intertwined and untraceable in the marital estate. Counsel pointed to six principal facts they said supported commingling: the parties used the same attorney and release documents; five settlement checks were issued jointly to the parties and counsel and were deposited by counsel into a joint marital account; both parties sought joint financial advice and made joint investments with portions of the funds; Jamie withdrew half the funds without objection; and Craig’s initial pleadings described the funds as already “equally divided.” Irvin argued that Craig did not carry the burden to show the insurers intended the award to be purely for pain and suffering and that, because that showing was lacking, the settlement proceeds were treated as marital property when deposited and used for joint purposes.

Spencer Brown, arguing for the respondent, told the court the district court did not abuse its discretion and correctly applied the jury-instruction framework for apportioning pain-and-suffering damages when no jury verdict allocated the award between the spouses. Brown said the court properly considered the Muji factors (injury severity, pain and suffering, life expectancy, and future limitations) and that the district court’s detailed factual findings — including Craig’s amputation — warranted heavy deference on appeal. Brown also argued that the record supported the district court’s factual conclusion that a substantial portion of the settlement compensated pain and suffering rather than past wage loss or future medical costs.

Judges on the panel pressed both counsel about a controlling standard of review. Appellant counsel relied on Thorup v. Thorup and related authority that classify commingling determinations as reviewed for abuse of discretion; the panel probed whether Thorup resolved internal inconsistency in the court’s prior case law. Counsel for both sides acknowledged confusion in precedent and offered that, under either standard (abuse of discretion or de novo/correctness for mixed questions), the district court’s resolution should be examined. Counsel for the appellant requested reversal of the district court’s allocation and a remand for an equal or near-equal split; counsel for the respondent urged deference and affirmed that the court retained equitable authority to make allocations on remand.

No ruling was made from the bench. The court thanked counsel, took the matter under advisement and said it would issue an opinion.

Why it matters: The court’s decision will affect how insurers’ settlement checks that resolve joint claims are treated in divorce proceedings when no explicit allocation accompanies a settlement. The case implicates how lower courts apply commingling doctrine and how appellate courts review factual findings about allocation of damages.","In oral argument in Terry v. Terry, counsel disputed whether a $2.7 million personal-injury settlement was commingled into marital assets after checks were deposited to a joint account; the panel questioned the standard of review and will take the case under advisement.","actionData","errors"]

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Court of Appeals weighs whether DCFS interview outside apartment was custodial for Miranda purposes

Court of Appeals hears dispute over whether $2.7 million injury settlement became marital property