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ineffective assitance of counsel

25 August 2017

Utah Supreme Court reinstates attempted murder conviction and holds extension of time to pay rent did not relieve guarantor of liability.


by William Gaskill

28 July 2017

Utah Court of Appeals affirms denial of motion to cancel alimony and child support; reverses dismissal of a post-conviction relief petition; remands denial of a worker’s compensation claim for analysis under correct legal standard; affirms consecutive sentences; and issues two other decisions.


by William Gaskill

13 July 2017

United States Supreme Court holds filing a securities class action suit does not toll statute of repose for individual claims; ineffective assistance by appellate counsel cannot provide cause to overcome procedural bar; and holds defendants seeking new trial through claims of ineffective assistance based on failure to object to closed voir dire error must prove prejudice.


by William Gaskill

10 July 2017

Utah Court of Appeals affirms contempt citation for failure to testify; holds any error from admitting hearsay statements was harmless; affirms murder conviction; and issues two other decisions.


by William Gaskill

7 July 2017

United States Supreme Court holds sale of patented item exhausts patent holder rights and thus patent infringement suits cannot be brought against subsequent purchaser of item and that failure to inform defendant of mandatory deportation is ineffective assistance of counsel which entitles defendant to withdraw his guilty plea on facts of the case.


by William Gaskill

28 June 2017

10th Circuit holds letter from National Indian Gambling Commission general counsel was not final agency action and affirms denial of habeas relief in death sentence case.


by William Gaskill

21 June 2017

Utah Supreme court vacates conviction for sending nude drawing to young child and upholds issuance of permit to an oil refinery.


by William Gaskill

19 June 2017

Utah Court of Appeals rejects public retirement benefits claim and issues three other decisions.


by William Gaskill

12 June 2017

Utah Court of Appeals affirms sex crimes convictions; rejects claim for post-conviction relief; and issues two other decisions.


by William Gaskill

7 June 2017

Utah Court of Appeals holds claim for percentage of sale proceeds was sufficient disclosure of damages for discovery purposes; affirms denial of motion to suppress; and issues one other decision.


by William Gaskill

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

10 May 2017

Utah Court of Appeals reverses murder conviction for ineffective assistance of counsel; affirms denial of childcare expenses claim based on laches; affirms denial of motion to compel arbitration; reverses sex abuse conviction for ineffective assistance of counsel; rejects post-judgment challenge to a restitution order; and rejects challenge to variance and cul-de-sac vacation.


by William Gaskill

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