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eyewitness identififications

30 May 2017

Utah Court of Appeals affirms dismissal of post-conviction relief petition; vacates robbery and burglary convictions due to ineffective assistance of counsel; and issued one other decision.


by William Gaskill

13 March 2017

Utah Court of Appeals rejects res ipsa loquitur theory for debris on road claim; finds no ineffective assistance of counsel here trial counsel did not call eyewitness reliability expert; and concludes an inventory search was constitutional.


by William Gaskill

24 February 2017

10th Circuit reinstates part of disability discrimination case and limits judicial reliability assessment of in court eyewitness identifications to situations involving improper law enforcement conduct.


by William Gaskill

24 December 2016

Utah Court of Appeals issues six decisions.


by William Gaskill

14 August 2016

Utah Court of Appeals affirms confirmation of arbitration award; finds no error in admitting photo identification testimony at murder trial; and issues one other decision.


by William Gaskill

8 September 2015

Divided Utah Supreme Court holds eliciting identification evidence on cross examination waived reliability challenges to the testimony.


by William Gaskill

1 September 2015

10th Circuit holds bar on post-sentence withdrawal of guilty plea is jurisdictional; that eyewitness identification based on 30 year old memories of torturer does violate due process; and allows as applied challenges to conditions of supervised release which have not been appealed.


by William Gaskill

10 August 2015

Utah Court of Appeals holds amended version of public road dedication act applies retroactively; that petitioner in a wrongful lien case invited any error in reaching underlying contract issue; that limited mentions of prior domestic violence did not warrant a mistrial; that conviction cured any error in not holding preliminary hearing and any error in limiting cross examination of escort victim was harmless; that entry of judgment implicitly rejects objections by nonsubmitting party; and issues 8 other decisions.


by William Gaskill

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