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criminal law

21 March 2018

United States Supreme Court holds prosecutions for interfering with administration of tax code must prove a nexus between the actions alleged and a specific administrative audit or proceeding and holds a habeas funding request was evaluated under an incorrect legal standard.


by William Gaskill

14 August 2015

Utah Supreme Court holds each shot from a firearm is a discharge and each unlawful discharge is a separate criminal offense while a majority holds sua sponte corpus linguistics analysis is inappropriate; holds decision to not empanel a grand jury reviewable under extraordinary writ power; holds post-conviction relief statute does not authorize review of plea in abeyance; holds bankruptcy trustees may sue under the fraudulent transfers act; and holds there was insufficient evidence of nefarious intent in a unlawful possession of a social security card case.


by William Gaskill

1 June 2015

United States Supreme Court rejects negligence mens rea for threatening communications cases; holds knowledge of the need for religious accommodation not element in disparate treatment claim; holds drug paraphernalia conviction cannot lead to deportation is state statute convers more drugs than federal law; rejects plea to void underwater second mortgage in Chapter 7 case; and summarily reverses in qualified immunity case.


by William Gaskill

31 March 2015

Utah Supreme Court holds securities fraud, theft and communications fraud are not continuing offenses.


by William Gaskill

26 February 2015

Utah Court of Appeals holds loss of leverage can be irreparable harm in preliminary injunction context and issues ten other decisions.


by William Gaskill

25 February 2015

United States Supreme Court holds a fish is not a tangible object under 18 USC 1519 and declares North Carolina’s dentistry board is subject to antitrust law as North Carolina does not supervise it enough.


by William Gaskill

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