30 August 2018

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.

by William Gaskill

13 November 2017

Utah Court of Appeals affirms child sex abuse convictions; rejects ineffective assistance claim; affirms aggravated assault conviction; affirms termination of the rights of both parents as to the same child; and affirms denial of a motion to suppress.

by William Gaskill

3 November 2017

10th Circuit reinstates some claims in drug failure to warn case; reverses the issuance of a preliminary injunction; vacates enhanced sentence in felon in possession case; reinstates computer code misappropriation claim; rejects constitutional challenge to warrantless searches of prescription drug records database; affirms distribution order in a bankruptcy case; affirms nursing home abuse judgment; and vacates life sentence in drug conspiracy case.

by William Gaskill

30 May 2017

United States Supreme Court holds military disability benefits awarded after a divorce decree are not subject to division; holds venue for corporate defendants in patent infringement cases is where the corporation is incorporated; and rejects the 9th Circuit’s provocation rule in excessive force claims.

by William Gaskill

4 May 2017

Utah Supreme Court reverses grant of motion to suppress holding asking a passenger in a lawfully stopped car for identification and running a warrant check was reasonable under officer safety doctrine.

by William Gaskill

24 March 2017

On March 21, United States Supreme Court bars all acting federal officers from serving after nomination for the same office; holds laches cannot bar patent damages suit field within limitations period; and holds pretrial detention claims arise under 4th Amendment.

by William Gaskill

12 December 2016

10th Circuit allows Bivens action in case invoking forced entry into a wildlife facility; holds insurance proceeds were not part of a bankrupt estate; and holds convictions under Oklahoma’s assault and battery with a dangerous weapon statute are crimes of violence for federal enhanced sentence purposes.

by William Gaskill

5 August 2016

10th Circuit says the warrantless opening and viewing of an email and attachments by National Center for Missing and Exploited Children was unlawful search under the Fourth Amendment.

by William Gaskill

14 March 2016

10th Circuit holds no trespassing signs do not revoke implied consent for police to come a person’s front door and reminds district courts of their duty to find and apply the correct criminal forfeiture statute.

by William Gaskill

29 October 2015

Utah Supreme Court holds officers pulling behind a car on the side of a highway with overhead lights on effectuated a seizure and adopts new balancing test to evaluate community caretaking claims.

by William Gaskill

10 August 2015

In the last seven days, the 10th Circuit rejected a coerced speech challenge to Oklahoma’s license plates; affirmed an attempted enticement of a minor conviction; held Oklahoma’s law on open and obvious hazards has changed and remanded a negligence claim for further proceedings; reminded police officers they can just impound cars because they want to; affirmed the denial of a motion to quash indictment; and held first time sale of mining equipment to a mining company was in ordinary course of business and payments made to seller were not subject to recoupment in bankruptcy.

by William Gaskill

30 June 2015

10th Circuit affirms misconduct sanctions and orders disciplinary proceeding against attorney litigant; rejects habeas petition concerning sentencing; and reversed judgment based on qualified immunity holding warrantless entry into home without exigent circumstances violates clearly established law.

by William Gaskill