United States Supreme Court holds a warrant is required to obtain cell phone location data; holds it has appellate jurisdiction over the courts martial system and rejects a challenge to court martial conviction based on dual office holding by a military appellate judge; rejects a double jeopardy challenge to a felon in possession conviction; rejects antitrust challenge to credit card antisteering provisions; rejects most of a challenge to Texas redistricting plan; rejects challenge to entry ban on certain countries; holds certain crisis pregnancy center disclosures violated the centers’ free speech rights; remands water rights dispute between Georgia and Florida for further proceedings; and overrules precedent to hold compulsory nonmember union fair share fees for public employees are unconstitutional.
Carpenter v United States Carpenter sought review of the 6th Circuit decision that warrantless obtaining of six days of cell phone location information did not violate the 4th Amendment. The Court, 5-4, reversed and…
10th Circuit rejects state court jurisdiction over Indian casino slip and fall claim; remanded of motion to dismiss indictment for analysis under correct legal standard; reinstates First Amendment retaliation claim in part; affirms summary judgment in whistle-blower case; affirms Clean Air Act abatement plan approval; reinstates claim for punitive damages against judge in sexual harassment case; affirms judgment to insurer in breach of contract/bad faith case; affirms sex trafficking conviction; and affirms dismissal of securities fraud claims.
Navajo Nation, et al. v Dalley et al. Nation appealed summary judgment to Dalley et al. on its declaratory judgment action seeking a declaration that New Mexico state courts do not have jurisdiction over tort claims…
The end is nigh
Due to an impending change in employment by the blogger, no additional posts will be made for Utah Supreme Court or Utah Court of Appeals cases, one more post will be made for the 10th Circuit covering published…
Utah Court of Appeals affirms burglary and sex abuse convictions; affirms denial of motion to withdraw a nolo plea; affirms a rape conviction; affirms dismissal of a complaint as untimely; and remanded a child relocation motion for independent decision-making by district court.
State v Argueta Argueta appealed his burglary and sex abuse convictions. The panel affirmed. It held that the prosecutor did not violate Argueta’s right to remain silent during her closing argument because Argueta made…
Utah Supreme Court affirms vulnerable adult abuse conviction and sentence.
State v Tulley Tulley appeld his vulnerable adult abuse conviction and sentence. The Court, with Lee concurring, affirmed. The majority held there was no abuse of discretion in the district court limiting testimony…
Utah Supreme Court vacates emotional damages award in legal malpractice case.
Gregory & Swapp, PLLC and Highberg v Krandendonk Gregory & Swapp appealed the denial of their motion for judgment notwithstanding the verdict as to noneconomic damages in this legal malpractice case and an…
Utah Court of Appeals affirms termination of a father’s parental rights and affirms denial of a motion for new trial.
In the Interest of N.M. (E.M. v State) E.M. appealed the termination of his parental rights. The panel affirmed. It affirmed as to the juvenile court’s refusal to accept the parties’ stipulation that permanent…
United States Supreme Court held plaintiffs in Wisconsin gerrymandering case lacked standing; held Ohio’s procedure to remove inactive voters complies with federal law; allows states to require out of state merchants to collect sales tax; held defective notice did not stop the physical presence clock for immigration purposes; and held the appointment process for SEC administrative law judges was unconstitutional.
Gill v Whitford Wisconsin appealed the district court panel decision that its redistricting plan violated the rights of Democratic Party voters. The Court, with Thomas and Gorsuch concurring in part and in judgment,…
Utah Supreme Court holds successor district court judges can revisit nonfinal orders entered in a case.
Build, Inc. v Utah Department of Transportation et al. Build brought an interlocutory appeal of the summary judgment granted on its breach of contract and consequential damages claims. The Court affirmed. It held there…
10th Circuit affirms summary judgment ion claims from police shooting and reveres an enhanced criminal sentence.
Clark v Colbert et al. Clark appealed summary judgment on his excessive force, state tort, disability and inadequate medical treatment claims. The panel affirmed. It held that no reasonable juror could find excessive…
Utah Court of Appeals affirms DUI conviction; remands child modification case for further fact-finding; and quashes subpoena in legal malpractice suit.
State v Salgado Salgado appealed her DUI conviction. The panel affirmed. It held Salgado’s sufficiency of the evidence issue was preserved by her motion for directed verdict which the district court considered and…
Utah Supreme Court vacates district court order and dismisses resulting appeal for mootness.
Teamsters Local 222 et al. v Utah Transit Authority Authority appealed the district court ruling that certain supervisors had collective bargaining rights. The Court dismissed the appeal and vacated the ruling holding…