Utah Supreme Court June 25, 2002, 20010304 (Bailey v. Bayles)

DURHAM, Chief Justice,

concurring:

1 29 I join in the analysis of the majority opinion except for the comment contained in footnote 2, which appears to suggest that this court moves permanently in "lockstep" with the U.S. Supreme Court when construing due process under the Utah Constitution. There is no precedent for the view. The 1942 case referred to in the footnote, Untermyer v.