6 June 2018

10th Circuit affirms firearms convictions; affirms assault conviction; and vacates conviction due to constructive amendment of the indictment.

by William Gaskill

11 April 2018

10th Circuit holds defendants can bring multiple motions to reduce sentence under a single guideline amendment; affirms exclusion of expert testimony; and reverses an excessive force qualified immunity judgment in part.

by William Gaskill

11 September 2017

Utah Supreme Court holds federal standard controls who is a parent under Indian Child Welfare Act; holds prosecutors can charge violation of the measurable amount statue with higher penalties instead of for DUI; holds failure to obtain a stay during appeal involving rights in in certain real property or file a lis pendis means loss of actionable interest in that property if it is lawfully conveyed to a third party during the pendency of the appeal; overrules per se admissibility for preliminary hearing testimony of unavailable witnesses; and affirms child sex abuse convictions and sentence.

by William Gaskill

28 July 2016

Utah Supreme Court affirms murder conviction.

by William Gaskill

6 June 2016

Utah Court of Appeals holds agreement to masturbate for a fee while another watches is not sexual solicitation; vacates and remands reinstatement order for use of wrong legal standard in analysis; holds forfeiture provision in lease did not apply to breaches proven at trial; upholds exclusion of expert witnesses as discovery sanction; and issues three other decisions.

by William Gaskill

26 December 2015

Utah Court of Appeals holds fraud in creating contract can make forum selection clause unenforceable; that there was no proper basis to deny judgment creditor’s request for information from Department of Workforce Services; that treating physic testimony was weak on causation, but, strong enough to defeat summary judgment; and issued one other decision.

by William Gaskill

16 January 2015

10th Circuit reminds attorneys to present Batson evidence during voir dire and issues two other published opinions.

by William Gaskill

23 October 2014

Utah Court of Appeals adopts standard for affidavits in actual innocence cases and issues eight other decisions

by William Gaskill