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self incrimination
10 July 2017
Utah Court of Appeals affirms contempt citation for failure to testify; holds any error from admitting hearsay statements was harmless; affirms murder conviction; and issues two other decisions.
by William Gaskill
4 January 2017
10th Circuit holds self-incrimination privilege applies at probable cause hearings; affirms rejection of a First Amendment retaliation claim; holds insured settled claim by unconditional acceptance of voluntary payment of amount found by a statutory appraisal panel; holds there is no expectation of privacy in a backpack you throw on another person’s roof; holds Colorado robberies are violent felonies for career criminal sentencing purposes; and reverses a 33 day time served sentence for a robber of two banks as too short; and partially reverses an attorney fee award
by William Gaskill
28 November 2016
Utah Supreme Court holds requiring parolee to make incriminating disclosure to keep parole violates 5th Amendment and rejects challenge to sale of certain RC Wiley estate interests.
by William Gaskill
10 May 2016
10th Circuit holds requirement defendant on supervised release answer questions about his sex history violated Fifth Amendment; holds district court cannot delegate placement decision for child on individual education plan to the plan team; and holds contract between cell phone company and phone distributor ambiguous on resale of inactive phones.
by William Gaskill
