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

28 April 2017

10th Circuit affirms denial of reduced sentence motion; holds suit against a bankruptcy trustee and their attorneys require leave of court; affirms attempted child exploitation conviction and sentence; rejects claim of prosecutorial vindictiveness; rejects argument that district courts must provide an explanation of why a motion to reduce sentence was granted; affirms dismissal with prejudice of claims based on violations of a predecessor in interest’s rights; finds jurisdiction to consider sentence reduction motion where plea agreement set out a guideline range; affirms an Indian tribe trust fund accounting order; affirms arbitration compulsion order; and rejects considered as disabled claim.

by William Gaskill

21 November 2016

10th Circuit holds that inconsistent arbitration clauses in multiple contracts between parties means no agreement to arbitrate.

by William Gaskill

6 May 2016

Utah Court of Appeals holds condemnation judgment may have latent ambiguity and remands for consideration of extrinsic evidence; upholds ruling that bringing collection suit waives arbitration rights in subsequent fair debt collection action; and issues one other decision.

by William Gaskill

16 November 2015

Utah Court of Appeals upholds child endangerment based on permitting child to be in presence of drugs; holds no abuse of discretion in trial court ruling that a motion filed almost 200 days late untimely; rejects challenges to sex with minor convictions and sentence; and issues six other decisions.

by William Gaskill