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

11 April 2018

Utah Court of Appeals rejects incapacity change to judgment; reverses in part summary judgment to insurer in a homeowners insurance claim; affirmed denial of post-conviction relief petition; and reverses summary judgment in part in a title insurance case.

by William Gaskill

24 January 2018

Utah Court of Appeals holds a post-conviction relief petition untimely; affirms child sex abuse conviction; and holds negligent administration of opioids by nurse is imputed to the care facility as a matter of law.

by William Gaskill

1 December 2017

Utah Court of Appeals affirms murder conviction; vacates custody order; affirms summary judgment in a breach of contract case; affirms denial of post-conviction relief petition; rejects post-conviction relief claim; and reinstates stepparent custody petition.

by William Gaskill

6 September 2017

Utah Court of Appeals rejects claim that the Indian Child Welfare Act prevented termination of mother’s parental rights; rejects double jeopardy argument; affirms termination of alimony; affirms denial of attorney fees in wrongful lien case; affirms a deficiency judgment; holds landlord owed no duty to keep tenant’s cattle off the highway; affirms dismissal of attorney lien claim; affirms quiet title judgment part and reveres it in part; affirms attempted murder conviction; and issues three other decisions.

by William Gaskill

28 July 2017

Utah Court of Appeals affirms denial of motion to cancel alimony and child support; reverses dismissal of a post-conviction relief petition; remands denial of a worker’s compensation claim for analysis under correct legal standard; affirms consecutive sentences; and issues two other decisions.

by William Gaskill

21 June 2017

Utah Supreme court vacates conviction for sending nude drawing to young child and upholds issuance of permit to an oil refinery.

by William Gaskill

19 June 2017

Utah Court of Appeals rejects public retirement benefits claim and issues three other decisions.

by William Gaskill

12 June 2017

Utah Court of Appeals affirms sex crimes convictions; rejects claim for post-conviction relief; and issues two other decisions.

by William Gaskill

30 May 2017

Utah Court of Appeals affirms dismissal of post-conviction relief petition; vacates robbery and burglary convictions due to ineffective assistance of counsel; and issued one other decision.

by William Gaskill

27 April 2017

Utah Court of Appeals holds vexatious litigant determination can be based on behavior in cases other that the one where the vexatious litigant motion was filed; holds juvenile courts can retain jurisdiction over paternity suits when mother voluntarily relinquishes her rights; finds ineffective assistance of counsel for failing to move for mistrial when drug task force member prospective juror s says she knows defendant through her work during voir dire; rejects permanent disability claim where aggravated preexisting condition had resolved before permanent disability occurred; affirms permanent guardianship; rejects post-conviction relief claim for lack of briefing; rejects appeal in a breach of contract case for inadequate briefing; affirms dismissal of premises liability and negligence claims against a city; affirms denial of motion to reinstate time to appeal murder conviction; affirms workers compensation benefits award; affirms exclusion of parts of an expert witness’ deposition; affirms dismissal of tort claims arising form negative online review of attorney; affirms prescriptive use right to a mountain driveway but rejects right to park on the driveway; and issues two other decisions.

by William Gaskill

3 March 2017

Utah Court of Appeals affirms ruling that business was a husband’s separate property; affirms ruling an inheritance was a wife’s separate property; holds a forum selection clause was enforceable and issues two other decisions.

by William Gaskill