5 July 2018

10th Circuit affirms illegal entry sentence; affirms denial of business expenses deductions to marijuana company; and rejects habeas relief in death penalty case.

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

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

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

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

13 April 2017

Utah Supreme Court holds there is no requirement for unanimity as to means or theory as how a crime is committed; holds lost wages are not available as criminal restitution without proof of bodily injury under law as of the date of offense; upholds rejection of Tesla’s application to sell cars; and adopts totality of the circumstances standard for analyzing mandatory criminal joinder issues.

by William Gaskill

8 January 2016

Utah Court of Appeals declares part of Utah’s ban on driving with controlled substances in the bloodstream and negligently injuring another unconstitutional; holds improper comment on defendant’s silence in police interview harmless in light of overwhelming evidence of guilt; and issues two other decisions.

by William Gaskill

4 January 2016

Utah Court of Appeals holds juvenile offenders can constitutionally be charged with strict liability crimes; affirmed a divorce decree modification; and issues four other decisions.

by William Gaskill

23 April 2015

Utah Court of Appeals affirms stalking conviction, holds business operating on Navy controlled land is not subject to tax in lieu of property tax and issues 7 other decisions.

by William Gaskill

16 April 2015

Utah Court of Appeals holds prosecutor’s plea for jury not to victimize rape victim again misconduct and remands case for new trial and issues 6 other decisions.

by William Gaskill