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stare decisis

18 May 2018

Utah Supreme Court adopts new rule for merging criminal convictions.


by William Gaskill

29 March 2018

Utah Supreme Court holds appeal of probation violation was moot.


by William Gaskill

7 December 2017

Utah Supreme Court abrogates passive retailer defense in product liability cases; rejects constitutional challenge to time limits on workers’ compensation permanent and temporary total disability benefits; and declines to decide if the state constitutional exclusionary rule has a good faith exception.


by William Gaskill

17 November 2017

Utah Supreme Court allows fraudulent transfer case based on property orders in a divorce case where one spouse died before final decree and affirms denial of two juveniles’ motion to suppress post-Miranda warning statements.


by William Gaskill

10 November 2017

10th Circuit overrules circuit precedent and holds Colorado assault convictions are crimes of violence for enhanced sentence purposes and rejects habeas claim in death penalty case.


by William Gaskill

21 September 2017

Divided Utah Supreme Court unable to adopt rule to distinguish industrial accident form occupational disease for workers compensation purposes.


by William Gaskill

17 May 2017

Utah Supreme Court overrules precedent and holds double jeopardy statute does not incorporate dual sovereign doctrine and applies the new rule retroactively to bar state child pornography prosecution after successful federal child pornography prosecution


by William Gaskill

16 December 2016

10th Circuit abandons circuit precedent and holds antitrust conspiracy plaintiffs must prove the relevant market and affirms a child exploitation conviction.


by William Gaskill

7 November 2016

Utah Court of Appeals affirms summary judgment and bad faith attorney fee award in irrigation rights of way case and issues five other decisions.


by William Gaskill

22 June 2015

United States Supreme Court holds raisin set aside program is a taking; pretrial detainee excessive force cases are evaluated under an objective standard; requirement to show hotel registered on demand violates 4th Amendment; and precedent baring royalty payments after patent expiration survives based solely on stare decisis.


by William Gaskill

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