9 September 2016

Utah Supreme Court holds dismissals for failure to prosecute are presumptively with prejudice.

by William Gaskill

23 August 2016

10th Circuit again rejects retroactive application of agency changes in statutory interpretation; reverses qualified immunity grant for traffic stop justified in part on driver’s out of state citizenship; and upholds a securities disgorgement order.

by William Gaskill

5 July 2016

Utah Supreme Court orders new trial where evidence in support of now abolished improper purpose intentional interference with contract cause of action was presented to the jury and holds failure to notify putative father that his rights will be lost rendered notice of pre-birth intent to put the child up for adoption to the father ineffective.

by William Gaskill

18 April 2016

United States Supreme Court holds decision striking down residual clause of career criminal statute applies retroactively to cases on collateral review.

by William Gaskill

26 January 2016

United states Supreme Court requires states to apply ban on mandatory life without parole sentences for juvenile offenders in state postconviction relief proceedings; upholds certain federal electricity rules; holds federal sufficiency of the evidence review in criminal cases is limited to statutory elements and limitations defenses cannot be reviewed for plain error; holds an Indian tribe did not establish elements of equitable tolling; reverses 9th Circuit in fiduciary case; and tells Idaho Supreme Court to follow United states Supreme Court precedent.

by William Gaskill

5 January 2016

Utah Supreme Court abandons “clean break” retroactivity rule in criminal procedure cases.

by William Gaskill

20 October 2015

10th Circuit holds agency interpretations of ambiguous statutes announced in adjudicatory proceedings are presumed prospective only.

by William Gaskill

21 September 2015

10th Circuit holds sex offenses based on fear of injury created through deception are not consensual offenses and the Supreme Court ruling that the residual clause of the Armed Career Criminal Act is unconstitutional does not apply retroactively.

by William Gaskill

10 August 2015

Utah Court of Appeals holds amended version of public road dedication act applies retroactively; that petitioner in a wrongful lien case invited any error in reaching underlying contract issue; that limited mentions of prior domestic violence did not warrant a mistrial; that conviction cured any error in not holding preliminary hearing and any error in limiting cross examination of escort victim was harmless; that entry of judgment implicitly rejects objections by nonsubmitting party; and issues 8 other decisions.

by William Gaskill

5 February 2015

Utah Court of Appeals holds auto policy renewals were not “new polices” triggering underinsured motorist duties on insurer for pre-2012 amendments cases; that excavation services put lenders on notice that leinable work had commenced under a prior version of mechanic’s lien statute; and issued 4 other decisions.

by William Gaskill

27 January 2015

Utah Supreme Court holds final orders aren’t final until sanctions motions decided; clarifies retroactivity analysis in five cases involving amendments to Indigent Defense Act; retains rule that foreclosure action does not extend life of judgment lien; and affirms murder conviction.

by William Gaskill