Utah Court of Appeals vacates convictions due to improperly admitted expert testimony; affirms attorney fee award; affirms drug convictions; and affirms dismissal of a declaratory judgment action.
State v Peraza Peraza appealed his child sodomy convictions. The panel vacated and remanded. It held the district court erred in admitting expert testimony on child victim recanting of accusations as the state’s notice…
10th Circuit holds Kansas aggravated battery convictions are crimes of violence for sentencing guidelines enhanced penalty purposes
United States v Williams Williams appealed his enhanced sentence arguing his Kansas aggravated battery conviction was not a crime of violence under eh sentencing guidelines. The panel affirmed. Resolving an open…
United States Supreme Court holds no statutory right to periodic bail hearings for immigration detainees.
Jenkings v Rodriguez The government sought review of the 9th Circuit decision that periodic bond hearings are required for immigration detainees detained under 8 USC 1225(b), 1226(a) or 1226(c). The Court, 5-3 with…
10th Circuit affirms imposition of a criminal fine; affirms a restitution order; and rejects two challenges to criminal sentences.
United States v Sanchez-Urias Sanchez-Urias appealed the imposition of a criminal fine. The panel affirmed holding there was no clear erro in the district court’s finding Sanchez-Urias failed to prove his inability to…
United States Supreme Court holds immigration aggravated felony residual clause is unconstitutionally vague and holds federal habeas courts should look though state summary affirmances to determine the reasoning in the state case.
Sessions v Dimaya The government sought review of the 9th Circuit decision that the crime of violence residual clause in 18 USC 16(b) is unconstitutionally vague and thus cannot form the basis for deportation based on…
Utah Court of Appeals affirms a divorce decree; vacates two convictions for ineffective assistance of counsel; reverses an attorney disqualification order; affirms denial of motion to suppress; holds accelerated trust deed note is subject to UCC statute of limitations; affirms assault of a police officer conviction; and issue one other decision.
Pulham v Kirsling Kirsling appealed the amended decree filed in this divorce case and the denial of his motion to amend the decree. The panel affirmed. It held that the panel only had jurisdiction over the three…
Utah Supreme Court affirmed defense verdict in medical malpractice case.
Arnold v Grigsby Arnold appealed judgment to Grigsby in her medical malpractice suit. The Court affirmed. It held denial of Arnold’s motion for summary judgment was not reviewable as it was based on a finding that…
Utah Supreme Court affirms summary judgment to hospital in a medial lien case.
S.S. through Shaffer and Shaffer v IHC Health Services, Inc. et al. Shaffer appealed summary judgment to IHC on her claims arising from placing a lien on tort settlement proceeds. The Court affirmed holding all but…
10th Circuit holds defendants can bring multiple motions to reduce sentence under a single guideline amendment; affirms exclusion of expert testimony; and reverses an excessive force qualified immunity judgment in part.
United States v Green Green appealed the denial of his successive motion for sentence reduction. The panel affirmed. It held that 28 USC 3582(c)(2) does not bar second or successive motion to reduce under the same…
Utah Court of Appeals rejects incapacity change to judgment; reverses in part summary judgment to insurer in a homeowners insurance claim; affirmed denial of post-conviction relief petition; and reverses summary judgment in part in a title insurance case.
Blackhawk Townhouse Owners Association Inc. v J.S. J.S. appealed the denial of her motion to set aside the judgment arguing she was incapacitated when served and when summary judgment was granted. The panel affirmed. It…
10th Circuit reveres grants of qualified immunity in part and holds the Creek Reservation has not been disestablished and a murder conviction and death sentence must therefore be set aside for lack of state court subject matter jurisdiction.
Harte v The Board of Commissioners of the County of Johnson, Kansas et al. Harte appealed summary judgment tot eh defendants on his family’s 4th Amendment claims. The panel, with each judge writing separately, affirmed…
Utah Court of Appeals holds an actress in Forgotten Carols was an employee for unemployment purposes; remands case involving the status of off duty police officers providing private security for unemployment purposes; reverses denial of a motion to suppress; affirms denial of different motion to suppress involving the same defendant in a later case; and affirms denial of a motion to reduce alimony.
Deseret Book Company v Department of Workforce Service, Workforce Appeals board and Thompson Company appealed Board’s decision that Thompson was an employee for unemployment insurance purposes during her participation…