1 June 2018

10th Circuit rejects habeas petition; holds cities must give direct notice to landowners when their land is given a blight designation; and rejects substantive unreasonable challenge to reduced sentences.

by William Gaskill

30 May 2018

Utah Court of Appeals affirms a rape conviction; reverses child sex abuse convictions and remands case for a new trial; affirms alimony award; sets aside municipal employee suspension and remands case; and affirms denial of a motion to suppress.

by William Gaskill

23 March 2018

10th Circuit rejects challenge to Utah’s signature access to primary ballot provisions; affirms rejection of ERISA breach of fiduciary duty claim; affirms remedy order in citizen Clean Water Act suit; and affirms two sanctions orders.

by William Gaskill

19 December 2017

Utah Supreme Court holds parole board must give additional procedural protections to applicants who have never been convicted of a sex crime before denying parole based on a finding the applicant committed a sex crime.

by William Gaskill

30 October 2017

Utah Court of Appeals affirms two separate city employee terminations; dismisses appeal in quiet title case; and issues on other decision.

by William Gaskill

12 October 2017

10th Circuit holds cell phone tower ping information maintained by cell phone companies is not protected by Fourth amendment as to cell phone users; affirms drug convictions but vacates forfeiture order; and holds higher mandatory reimprisonment sentence for child pornography violations of supervised release by those on release for a child pornography offense unconstitutional.

by William Gaskill

28 September 2017

Utah Supreme Court, despite concerns about misstatements in tickets and court notices, rejects challenge to Salt Lake City’s former parking fine regime.

by William Gaskill

19 September 2017

10th Circuit holds rejecting certain plea agreements for too lenient sentence does not constitute improper judicial participation in plea negotiation; allows rehabilitation Act claim to proceed; reduces natural gas condemnation award; affirms rejection of Title IX claim; rejects challenge to the admission of other bad acts evidence; finds agency coal lease decision documents arbitrary and capricious, but, does not vacate the leases; and hoods substitution of nonparties as qui tam plaintiffs requires dismissal of the qui tam claim.

by William Gaskill

15 August 2017

United States Supreme Court holds ban on disparaging trademarks violates first Amendment; orders Colorado to return criminal fines, costs and restitution when a criminal conviction is reversed; directs federal civil service employment actions which also allege discrimination to go to district courts instead of the Federal Circuit for review; and holds shorter residency time requirement to pass citizenship for mothers violates equal protection.

by William Gaskill

19 July 2017

Utah Supreme Court holds sua sponte dismissal of adoption petition violated due process.

by William Gaskill

6 July 2017

10th Circuit holds grand jury witnesses incarcerated for charges different than those before the grand jury are not entitled to Miranda warnings; rejects tip based wage claim; finds no plain error in possible allocution violation; and rejects due process challenge to revoking a suspended sentence based on acts done while incarcerated.

by William Gaskill

26 April 2017

Utah Supreme Court holds state due process clause controls analysis of lost evidence and that one defendant’s rights were violated by lost video recordings while another’s rights were not violated and holds other bad act evidence offered under the doctrine of chances is to be analyzed for admissibility under the text of Rule of Evidence 403.

by William Gaskill