17 November 2017

Utah Supreme Court allows fraudulent transfer case based on property orders in a divorce case where one spouse died before final decree and affirms denial of two juveniles’ motion to suppress post-Miranda warning statements.

by William Gaskill

6 July 2017

10th Circuit holds grand jury witnesses incarcerated for charges different than those before the grand jury are not entitled to Miranda warnings; rejects tip based wage claim; finds no plain error in possible allocution violation; and rejects due process challenge to revoking a suspended sentence based on acts done while incarcerated.

by William Gaskill

9 January 2017

10th Circuit affirms denial of habeas relief in murder case.

by William Gaskill

28 June 2016

10th Circuit holds no need for deposition to issue third party subpoena in trademark administrative proceeding; affirms denial of habeas claim based on juror communication with husband; affirms dismissal of derivative suit; affirms admission of uncharged child molestation evidence at rape trial; affirms denial of qualified immunity to officer who shot and killed a dog; rejects a malicious prosecution claim; upholds a tax levy; and holds US Air force Academy entitled to protection under Colorado’s recreational use statute.

by William Gaskill

6 June 2016

10th Circuit affirms denial of one habeas case and reverses grant of habeas relief in another case.

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

6 March 2015

10th Circuit holds motions to set a date in criminal matters only stop the speedy trial clock for 30 days and rejects habeas challenge to a state Miranda determination.

by William Gaskill