Carson v. Barnes
385 P.3d 744
Utah Ct. App.2016Background
- Tom Barnes, landlord of leased mining property, had disputes with tenant Tim Carson over locking two gated access roads; Barnes installed locks and at times took keys.
- On Oct 27, 2014 Barnes confronted Carson’s contractors (the Burgesses) at the lease site, loaded a handgun and pointed it at them to demand gate locks; the contractors left and reported the incident.
- After the gun incident, Carson began removing equipment; Barnes took photos, locked gates, and on Nov 4 followed Carson while he moved equipment and on Nov 6 drove slowly past Carson’s home.
- Carson petitioned for a civil stalking injunction; an ex parte order issued, then after a hearing the district court found a course of conduct constituting stalking under Utah Code § 76-5-106.5 and entered a three-year injunction including a firearms possession restriction in Utah.
- The court credited the Burgesses over Barnes, found brandishing a weapon, and concluded the cumulative pattern (gun incident, cutting generator cable, following, driving by home) would cause a reasonable person to fear for safety.
- Barnes appealed arguing (1) acts were not "directed at" Carson and did not form a qualifying course of conduct, and (2) the firearms restriction violated his constitutional rights; the appellate court affirmed and held the constitutional complaint was unpreserved.
Issues
| Issue | Plaintiff's Argument (Carson) | Defendant's Argument (Barnes) | Held |
|---|---|---|---|
| Whether Barnes’s conduct constituted "stalking" under § 76-5-106.5 | The confrontation with coworkers, cutting cable, following, and driving by home formed a course of conduct causing reasonable fear | The gun incident wasn’t “directed at” Carson because Carson wasn’t present; follow/drive-bys were landlord actions insufficient to cause fear | Affirmed. The statute covers acts against coworkers and indirect acts; the cumulative pattern would cause a reasonable person to fear |
| Whether firearms prohibition in the injunction violated Barnes’s constitutional/right under state law | N/A (Carson sought protection including firearm restriction) | The firearms restriction unlawfully infringes constitutional right to possess firearms | Issue unpreserved on appeal; appellate court declined to review constitutional claim |
Key Cases Cited
- Baird v. Baird, 322 P.3d 728 (Utah 2014) (standard for civil stalking injunction: petitioner must prove stalking by preponderance of the evidence)
- Coombs v. Dietrich, 253 P.3d 1121 (Utah Ct. App. 2011) (stalking is a pattern of behavior; cumulative course-of-conduct is what matters)
- Ellison v. Stam, 136 P.3d 1242 (Utah Ct. App. 2006) (stalking involves repetition; incidents should not be viewed in isolation)
- 438 Main St. v. Easy Heat, Inc., 99 P.3d 801 (Utah 2004) (requirements to preserve issues for appeal: timely, specific, and supported by evidence or authority)
- State v. Winfield, 128 P.3d 1171 (Utah 2006) (appellate review of unpreserved issues requires plain error or exceptional circumstances)
- State v. Pinder, 114 P.3d 551 (Utah 2005) (same preservation/waiver principles)