3 July 2018

Utah Court of Appeals affirms aggravated kidnaping and related convictions; dismissal of third party claim against landowner’s insurance company; remands a breach of lease case; affirms denial of a motion to suppress; affirms dismissal of a post-conviction relief petition; and affirms denial of motion to amend divorce decree.

by William Gaskill

27 June 2018

Utah Court of Appeals affirmed summary judgment to defendants in four credit card collections cases; holds amendment to trust void as a matter of law; affirms a probation revocation; affirms firearm and other convictions arising from a traffic stop and high speed chase; sets aside denial of a workers compensation claim; affirms rape convictions; affirms denial of a nonconforming use application; and issues one other decision.

by William Gaskill

22 June 2018

10th Circuit affirms denial of a motion to suppress and rejects challenge to a supervised release condition.

by William Gaskill

21 June 2018

10th Circuit allows personal injury claim to proceed; affirms ruling of no car insurance coverage; vacates removal order; holds subsidiary bank was entitled to tax refund in a bankruptcy case; and affirms denial of a motion to suppress.

by William Gaskill

4 June 2018

Utah Court of Appeals affirms dismissal of claims involving land transfers on limitations grounds; affirms imposition of consecutive sentences; affirms denial of a motion to suppress evidence; and affirms summary judgment to defendants in legal malpractice case.

by William Gaskill

1 June 2018

United States Supreme Court holds no in rem exception to tribal sovereign immunity; holds automobile exception does not apply within a house’s curtilage; and holds certain criminal restitution unavailable when based on private investigations or civil actions.

by William Gaskill

30 May 2018

Utah Court of Appeals affirms a rape conviction; reverses child sex abuse convictions and remands case for a new trial; affirms alimony award; sets aside municipal employee suspension and remands case; and affirms denial of a motion to suppress.

by William Gaskill

22 May 2018

10th circuit affirms dismissal sanction for pre-litigation conduct; rejects attempt to vacate enhanced sentence; affirmed denial of a motion to suppress; rejects contract clause and preemption claims in garbage transport case; reinstates pregnancy discrimination claim; and clarifies when a hearing is required when defendant moves to get seized assets back.

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

2 May 2018

Utah Court of Appeals affirms defense judgments in construction loan dispute; reinstates claims against attorney in a trust case; holds no criminal restitution can be assessed for security bars added after a break in; affirms sex crime conviction; affirms a divorce decree; affirms admission of a confession and consecutive sentences in a different sex crime case; affirms denial of workers compensation funeral and burial benefits; and issues one other decision.

by William Gaskill

16 April 2018

Utah Court of Appeals affirms a divorce decree; vacates two convictions for ineffective assistance of counsel; reverses an attorney disqualification order; affirms denial of motion to suppress; holds accelerated trust deed note is subject to UCC statute of limitations; affirms assault of a police officer conviction; and issue one other decision.

by William Gaskill

3 April 2018

Utah Court of Appeals holds an actress in Forgotten Carols was an employee for unemployment purposes; remands case involving the status of off duty police officers providing private security for unemployment purposes; reverses denial of a motion to suppress; affirms denial of different motion to suppress involving the same defendant in a later case; and affirms denial of a motion to reduce alimony.

by William Gaskill