9 July 2018

Utah Supreme Court holds therapist have limited duty to parents to not recklessly create false memories or other false claims of sexual abuse; affirms murder conviction; and affirmed summary judgment in failure to procure insurance claim.

by William Gaskill

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

13 April 2018

Utah Supreme Court affirmed defense verdict in medical malpractice case.

by William Gaskill

15 August 2017

10th Circuit affirms denial of a motion to suppress; holds an administrative mining enforcement order reviewable; affirms child pornography conviction; rejects a speedy trial claim; and holds foster case failure to protect claims do not reach across state lines.

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

9 January 2017

Utah Court of Appels holds jury instruction on strangulation wrongly removed element of crime from jury’s consideration; denies attempt to obtain refund of incarceration and probation costs after convictions reversed on appeal; and issues four other decisions.

by William Gaskill

16 December 2016

Utah Court of Appeals upholds issuance of orders authorizing forcible collection of buccal swabs and reverses conviction for improper cross examination about a prior fraud conviction.

by William Gaskill

23 November 2016

Utah Supreme Court, in opinion affirming aggravated murder and child kidnaping convictions, rejects challenge to noncapital aggravated murders sentencing scheme and abandons special rules for admission of gruesome photos.

by William Gaskill

1 July 2016

Utah Court of Appeals remanded several issues to district court in divorce case for adequate fact finding; holds claimant acted with reasonable diligence in tort claim against county; remanded easement case to determine who prevailed for attorney fee purposes; holds police can pull over car to investigate probationer passenger; and issued one other decision.

by William Gaskill

28 June 2016

10th Circuit holds no need for deposition to issue third party subpoena in trademark administrative proceeding; affirms denial of habeas claim based on juror communication with husband; affirms dismissal of derivative suit; affirms admission of uncharged child molestation evidence at rape trial; affirms denial of qualified immunity to officer who shot and killed a dog; rejects a malicious prosecution claim; upholds a tax levy; and holds US Air force Academy entitled to protection under Colorado’s recreational use statute.

by William Gaskill

13 June 2016

10th Circuit affirms defense summary judgment in qui tam case; reverses qualified immunity judgment in excessive force case; and affirms enhanced sentence in manslaughter case.

by William Gaskill

18 May 2016

Utah Court of Appeals holds there no need for a witness to events depicted in photograph to authenticate photo; holds permanent guardians are eligible for reunification services; upholds decision to correct erroneous statement of fact in stipulation and enter new divorce decree as a consequence; agrees that there was no meeting of minds in alleged land sale contract; holds conflict of inferences as to whether an entity that lost loan proceeds was agent of lender or borrower precludes summary judgment; and issues four other decisions.

by William Gaskill