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

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

18 May 2016

10th Circuit rejects ex post facto challenge to Oklahoma’s sex offender statute and orders motion to intervene be granted based on mandatory statutory right.

by William Gaskill

4 June 2015

Utah Court of Appeals holds Utah’s savings statue applies to claims against government entities; holds deed referenced in contract only to identify land being purchased did not impose duty to build road; holds claim that a civil case file is wrongly characterized as private survives dismissal of underlying case; and issues four other decisions.

by William Gaskill

9 December 2014

Utah Supreme Court holds party must be given opportunity to prove service before case is dismissed for failure to timely serve opposing party.

by William Gaskill

31 October 2014

Utah Court of Appeals requires more than speculation to survive summary judgment motion and issues two other decisions.

by William Gaskill