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…


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…