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appellate jurisdiction

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

26 April 2018

Utah Supreme Court affirms termination of a guardianship.


by William Gaskill

16 April 2018

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.


by William Gaskill

13 March 2018

10th Circuit holds New Mexico’s anti-SLAPP statute is procedural and thus does not apply in federal diversity suits and affirms denial of a qualified immunity motion.


by William Gaskill

29 January 2018

10th Circuit affirms convictions for symbolic ATV ride in restricted federal land; reverses dismissal based on Rooker-Feldman doctrine; affirms dismissal of cases against credit card companies; holds the automatic stay in bankruptcy does not apply to attorney fee award in related state court case; and remands motion to vacate consent decrees for analysis under correct legal standard; and reverses an order to reamd claims to state court.


by William Gaskill

21 November 2017

Utah Court of Appeals affirms a deficiency judgment; affirms aggravated assault and use of dangerous weapon in a fight convictions; affirms denial of a motion to suppress; reverses order of protective supervision; rejects claim for increased disability benefits for willful safety violation; rejects challenges to a sentence and restitution order; and issues two other decisions.


by William Gaskill

16 November 2017

Utah Supreme Court holds it lacks jurisdiction over case as motion to amend judgment was filed late and time to appeal ran long before notice of appeal was filed.


by William Gaskill

8 November 2017

United States Supreme Court holds time limits to appeal adopted by federal courts are not jurisdictional, allows execution of a death sentence for defendant who cannot remember committing the murder and summarily reverses a grant of habeas relief.


by William Gaskill

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