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preliminary hearings
12 October 2017
Utah Court of Appeals reverses termination of corrections officer; reverses dismissal of drug charge at preliminary hearing and affirms consecutive sentences.
by William Gaskill
15 January 2016
The Utah Court of Appeals clarified that a relaxed standard for finding a material and substantial change in circumstances applies in a modification of a stipulated divorce decree proceeding and issues three other decisions.
by William Gaskill
12 January 2016
Utah Supreme Court reminds magistrates that the state’s burden at bind over stage is low and holds it was met in official misconduct case.
by William Gaskill
10 August 2015
In the last seven days, the Utah Supreme Court adopted the restatement rule for entities holding persons in custody, but, held claim for injuries inflicted by inmate in work release program barred by governmental immunity; held attorney’s ethical obligation to report wrongdoing to supervisors is not a basis for a wrongful termination claim; and reiterates the state need only prove probable cause at preliminary hearings.
by William Gaskill
30 January 2015
Utah Court of Appeals holds constitutional challenges to criminal laws cannot be raised at preliminary hearings and issues four other decisions.
by William Gaskill