Indian Child Welfare Act – Binding the Law

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

6 September 2017

Utah Court of Appeals rejects claim that the Indian Child Welfare Act prevented termination of mother’s parental rights; rejects double jeopardy argument; affirms termination of alimony; affirms denial of attorney fees in wrongful lien case; affirms a deficiency judgment; holds landlord owed no duty to keep tenant’s cattle off the highway; affirms dismissal of attorney lien claim; affirms quiet title judgment part and reveres it in part; affirms attempted murder conviction; and issues three other decisions.

by William Gaskill