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

1 August 2018

Utah Supreme Court affirms vulnerable adult abuse conviction and sentence.

by William Gaskill

21 June 2018

Utah Court of Appeals rejects late claim for water rights; affirms denial of motions related to a criminal restitution order; affirms firearm discharge conviction; affirms child rape conviction; affirms stalking conviction; affirms an assault conviction; affirms judgment in breach of employment contract case; affirms an aggravated assault conviction; reinstates unnecessary rigor claims in part; and affirms rejection of an attorney fee claim.

by William Gaskill

29 May 2018

Utah Supreme Court affirms child rape conviction and affirms municipal employee termination.

by William Gaskill

21 May 2018

Utah Court of Appeals affirms theft conviction; holds district court erred in excluding certain evidence at summary judgment in environmental cleanup case; affirmed an obstruction of justice conviction; and affirmed aggravated murder convictions.

by William Gaskill

12 February 2018

Utah Supreme Court affirms rejection of defective construction claims and reverses a murder conviction.

by William Gaskill

17 January 2018

Utah Court of Appeals affirms object rape conviction and child sex abuse convictions.

by William Gaskill

5 January 2018

10th Circuit reverses denial of qualified immunity motion; affirms a criminal forfeiture order; affirms denial of spoliation remedy; reverses denial of a motion to suppress; affirms rejection of motion to amend qui tam complaint; affirms drug convictions; affirms reinstatement of disability benefits; and vacates a preliminary injunction.

by William Gaskill

3 November 2017

10th Circuit reinstates some claims in drug failure to warn case; reverses the issuance of a preliminary injunction; vacates enhanced sentence in felon in possession case; reinstates computer code misappropriation claim; rejects constitutional challenge to warrantless searches of prescription drug records database; affirms distribution order in a bankruptcy case; affirms nursing home abuse judgment; and vacates life sentence in drug conspiracy case.

by William Gaskill

6 October 2017

Utah Court of Appeals affirms theft convictions; affirms drug and related convictions; affirms burglary and related convictions; affirms drug and firearms convictions; affirms kidnapping and related convictions; affirms drunk driving murder conviction; and issues two other decisions.

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

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