3 August 2018

Utah Court of Appeals affirms burglary and sex abuse convictions; affirms denial of motion to withdraw a nolo plea; affirms a rape conviction; affirms dismissal of a complaint as untimely; and remanded a child relocation motion for independent decision-making by district court.

by William Gaskill

29 March 2018

Utah Court of Appeals remands claims for wrongful termination for cause and attorney fees; reverses summary judgment in a slip and fall case; affirms denial of motion to withdraw guilty plea; affirms denial of a motion to amend a complaint; affirmed termination of a father’s parental rights; reverses some convictions which arose from a crime spree involving shooting police officers; affirms dismissal of state tort claim act case; and affirms local zoning decision.

by William Gaskill

30 November 2017

Utah Supreme Court holds appellate review unavailable for untimely motions to withdraw guilty plea; rejects claim for bad faith insurance litigation attorney fees; holds stretch of Weber River navigable waters; and vacates part of a Court of Appels opinion.

by William Gaskill

19 September 2017

10th Circuit holds rejecting certain plea agreements for too lenient sentence does not constitute improper judicial participation in plea negotiation; allows rehabilitation Act claim to proceed; reduces natural gas condemnation award; affirms rejection of Title IX claim; rejects challenge to the admission of other bad acts evidence; finds agency coal lease decision documents arbitrary and capricious, but, does not vacate the leases; and hoods substitution of nonparties as qui tam plaintiffs requires dismissal of the qui tam claim.

by William Gaskill

7 July 2017

United States Supreme Court holds sale of patented item exhausts patent holder rights and thus patent infringement suits cannot be brought against subsequent purchaser of item and that failure to inform defendant of mandatory deportation is ineffective assistance of counsel which entitles defendant to withdraw his guilty plea on facts of the case.

by William Gaskill

18 May 2016

Utah Court of Appeals holds there no need for a witness to events depicted in photograph to authenticate photo; holds permanent guardians are eligible for reunification services; upholds decision to correct erroneous statement of fact in stipulation and enter new divorce decree as a consequence; agrees that there was no meeting of minds in alleged land sale contract; holds conflict of inferences as to whether an entity that lost loan proceeds was agent of lender or borrower precludes summary judgment; and issues four 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

9 October 2015

Utah Court of Appeals adopts common law rule denying standing to donors to charitable organizations who seek to enforce the terms of their gifts; holds an accord and satisfaction occurred requiring voiding of trustee’s deed; and issues two other decisions.

by William Gaskill

1 September 2015

10th Circuit holds bar on post-sentence withdrawal of guilty plea is jurisdictional; that eyewitness identification based on 30 year old memories of torturer does violate due process; and allows as applied challenges to conditions of supervised release which have not been appealed.

by William Gaskill

28 August 2015

Utah court of Appeals holds one year form sentencing time limit on criminal restitution awards is jurisdictional; rejects ineffective assistant of counsel claim; and issues 5 other decisions.

by William Gaskill

7 May 2015

Utah Court of Appeals hold wage claimant failed to prove all the damages claimed, did prove causation on his intentional interference with economic relations claim, lost out on attorney fees by recovering less than demanded and the employer’s weak argument meant higher prejudgment interest and issued two other decisions.

by William Gaskill

26 March 2015

Utah Court of Appeals affirms allowing past acts of molestation at child sex abuse trial and issues 6 other decisions.

by William Gaskill