11 July 2018

Utah Supreme Court vacates district court order and dismisses resulting appeal for mootness.

by William Gaskill

18 May 2018

United States Supreme Court holds no liability for foreign corporation under alien tort statute; affirms denial of motion to suppress intercepted phone calls; holds challenges to pretrial shackling in court was moot; holds persons lawfully driving rental cars can bring 4th Amendment challenges to searches of the car; holds capital defendants must authorize confessions of guilt at trail; and holds federal ban on states authorizing sports betting unconstitutional.

by William Gaskill

29 March 2018

Utah Supreme Court holds appeal of probation violation was moot.

by William Gaskill

22 December 2017

10th Circuit dismisses appeal as moot; reverses a denial of a motion to suppress evidence; reverses grants of qualified immunity ion inmate on inmate violence case; reverses an enhanced sentence; affirms a different enhanced sentence based on a New Mexico robbery conviction; orders a motion to intervene be granted; affirms denial of two separate habeas petition; affirms dismissal of complaint for lack of personal jurisdiction; and rejects challenge to ERISA’s church plan exemption.

by William Gaskill

1 December 2017

10th Circuit holds federal in forma pauperis statute does not apply when prisoner files in state court; affirms denial of a motion to suppress and drug convictions; rejects challenge to sex offender identifying driver license; holds immigration detainers cannot support fining a defendant will flee for bail purposes; rejects challenge to derivative suit settlement; affirms declaratory judgment on water service provision on claim preclusion grounds; and affirms enhanced armed career criminal sentence.

by William Gaskill

11 September 2017

10th Circuit holds EEOC case against employer is not moot; that New Mexico regulatory actions against vendors doing business with tribal gambling entities are not preempted by Indian Gaming regulatory Act; holds gathering of data about natural resources while on public land is protected by the First Amendment; and holds immigration appeals board lacked any factual or legal basis to deny motion to reopen asylum application.

by William Gaskill

9 January 2017

Utah Court of Appels holds jury instruction on strangulation wrongly removed element of crime from jury’s consideration; denies attempt to obtain refund of incarceration and probation costs after convictions reversed on appeal; and issues four other decisions.

by William Gaskill

12 December 2016

Utah Court of Appeals holds land sale contract had an implied in law reasonable time to close provision; holds a confession was not coerced; and issues four other decisions.

by William Gaskill

5 August 2016

Utah Court of Appeals disavows recent cases allowing review of probation revocation after defendant is released from custody; reverses sexual battery conviction based on improperly admitted other bad acts evidence; affirms a condemnation order but remands for new valuation analysis; and held an incomplete roof was not a roof for purposes of a homeowners policy.

by William Gaskill

1 August 2016

Utah Court of Appeals affirms rejection of expert testimony as disclosure sanction; holds trial and appellate counsel ineffective in arson case; concludes showing up at preliminary injunction hearing is not an appearance in a case which can prevent default form being entered; reminds trial judge extrinsic evidence is admissible in support of mistake claim in a contract dispute; affirms rejection of disability benefits claim; holds district court judges can, but are not required to, revisit prior rulings in a de novo trial on appeal from justice court; held no duty for lessee to maintain parking lot in slip and fall case; holds credit card processing error does not make electronic filing of complaint ineffective; and issue one other decision.

by William Gaskill

27 July 2016

Utah Court of Appeals holds discovery violations at theft trial should have resulted in mistrial; upheld the approval of a new water diversion point to support operation of a nuclear power plant; rejects gross negligence claim; rejects prisoner’s extraordinary relief petition; holds robbery convictions for trying to steal the car and succeeding in taking a purse from the car must merge; and issues three other decisions.

by William Gaskill

11 April 2016

10th Circuit dismisses Sister Wives challenge to Utah’s bigamy statute as moot; affirms rejection of a motion to withdraw a guilty plea; and affirms mortgage fraud convictions.

by William Gaskill