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

13 April 2018

Utah Supreme Court affirmed defense verdict in medical malpractice case.

by William Gaskill

25 January 2018

Utah Supreme Court declines to decide if there is private cause of action under Utah’s free speech constitutional provisions and reverses robbery conviction based on improperly admitted preliminary hearing testimony.

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

22 August 2017

10th Circuit affirms murder conviction and reverses denial of motion to suppress.

by William Gaskill

7 November 2016

Utah Court of Appeals affirms summary judgment and bad faith attorney fee award in irrigation rights of way case and issues five other decisions.

by William Gaskill

25 October 2016

10th Circuit affirms denial of reduced sentence motion; rejects challenge to defense verdict in IP case; holds New Mexico aggravated assault convictions are crimes of violence for guidelines purposes; and remands probation revocation case for resentencing.

by William Gaskill

12 September 2016

Utah Court of Appeals affirms convictions arising from a domestic violence episode; reinstates a breach of contract claim; and issues one other decision.

by William Gaskill

6 September 2016

Utah Court of Appeals holds rule of evidence 106 creates an exception to the hearsay rule; applies, but calls for the overturning of a 97 years old Utah supreme Court Case involving void contracts; dismisses appeal of rule 11 sanctions; holds statute of limitations did not run on child abuse charges; affirms dismissal of petition for post-conviction relief; and issues 3 other decisions.

by William Gaskill

5 April 2016

10th Circuit adopts balancing test for admitting hearsay at supervised release revocation hearings.

by William Gaskill

16 March 2016

10th Circuit wonders why government didn’t ask for proof of FDIC insured status from FDIC, but, holds FBI agent’s testimony about what he saw on FDIC website falls in public record hearsay exception and therefore upholds bank fraud conviction.

by William Gaskill