21 June 2018

Utah Court of Appeals rejects late claim for water rights; affirms denial of motions related to a criminal restitution order; affirms firearm discharge conviction; affirms child rape conviction; affirms stalking conviction; affirms an assault conviction; affirms judgment in breach of employment contract case; affirms an aggravated assault conviction; reinstates unnecessary rigor claims in part; and affirms rejection of an attorney fee claim.

by William Gaskill

11 June 2018

Utah Court of Appeals vacates and remands criminal restitution order; holds suspending driver’s license is not an enforcement mechanism for civil judgment unrelated to use or ownership of motor vehicle; affirmed murder conviction; affirms summary judgment to attorney in legal malpractice case on limitations grounds; affirms summary judgment to county in wrongful death case under public duty doctrine; and holds tier designations in civil suits can only be changed by motion to amend not as issues tried by consent.

by William Gaskill

1 June 2018

United States Supreme Court holds no in rem exception to tribal sovereign immunity; holds automobile exception does not apply within a house’s curtilage; and holds certain criminal restitution unavailable when based on private investigations or civil actions.

by William Gaskill

14 May 2018

Utah Court of Appeals affirms summary judgment in UDOT negligence case and issues two other decisions.

by William Gaskill

8 May 2018

Utah Court of Appeals affirms convictions and sentences arising from spousal kidnapping; reverses child sex abuse convictions; holds prefilling procedures in medical malpractice suits do not toll the one-year state tort claim limitation period; reversed a criminal restitution order; and issues one other decision.

by William Gaskill

2 May 2018

Utah Court of Appeals affirms defense judgments in construction loan dispute; reinstates claims against attorney in a trust case; holds no criminal restitution can be assessed for security bars added after a break in; affirms sex crime conviction; affirms a divorce decree; affirms admission of a confession and consecutive sentences in a different sex crime case; affirms denial of workers compensation funeral and burial benefits; and issues one other decision.

by William Gaskill

18 April 2018

10th Circuit affirms imposition of a criminal fine; affirms a restitution order; and rejects two challenges to criminal sentences.

by William Gaskill

1 March 2018

Utah Supreme Court holds criminal restitution awards must be based on proximate causation.

by William Gaskill

31 January 2018

Utah Supreme Court holds restitution orders of the Board of Pardons and parole are not subject to judicial review.

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

3 January 2018

Utah Court of Appeals affirms two separate orders terminating parental rights; vacates and remands a criminal restitution order; and affirms an indemnity judgment.

by William Gaskill

13 September 2017

Utah Court of Appeals affirms drug conviction; affirms a probation revocation; affirms entry of a protective order; affirms award of total permanent disability benefits; vacates a criminal restitution award; affirms denial of petition for extraordinary relief; affirms lewdness conviction and issues one other decision

by William Gaskill