Court of Appeals hears appeal in Schmidt v. Peterson over alleged credit‑monitoring stalking

The Utah Court of Appeals on the panel of Judge Oliver, Judge Harris and Judge Tenney heard oral argument in Schmidt v. Peterson, in which Stephen Schmidt sought review of a district court’s denial of a civil stalking injunction. Appellant counsel Julie Nelson told the court that, beginning in February 2021, a fake Equifax account was opened using Kyle Peterson’s credit card number and that a recurring monthly charge—about $9.95—posted for roughly 21 to 22 months.

Nelson said the stalking claim should be considered on the whole record because the same summer that the monitoring continued Mr. Schmidt received “nasty profane messages” and other earlier incidents that the district court, she argued, failed to analyze on the record. “When we look at the entire course of conduct, which case law…