3 August 2018

Utah Court of Appeals affirms burglary and sex abuse convictions; affirms denial of motion to withdraw a nolo plea; affirms a rape conviction; affirms dismissal of a complaint as untimely; and remanded a child relocation motion for independent decision-making by district court.

by William Gaskill

10 July 2018

Utah Court of Appeals affirms aggravated robbery convictions and related enhanced sentence; affirms modification of a divorce decree; and reverses the dismissal of a breach of contract complaint.

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

15 June 2018

United States Supreme Court holds Minnesota’s ban on campaign buttons and attire unconstitutional; unsuccessful application for class certification does not toll limitations period for future class action suits, holds foreign government statements about the meaning of their laws are not entailed to dispositive effect; and holds statutes which revoke spousal designation as life insurance beneficiaries does not violate the contracts clause when applied retroactively.

by William Gaskill

14 June 2018

Utah Supreme Court holds landowner liability under non-delegable duty to maintain safe premises is not subject to apportionment and holds time barred criminal acts can be used to prove state racketeering charges.

by William Gaskill

11 June 2018

Utah Court of Appeals vacates and remands criminal restitution order; holds suspending driver’s license is not an enforcement mechanism for civil judgment unrelated to use or ownership of motor vehicle; affirmed murder conviction; affirms summary judgment to attorney in legal malpractice case on limitations grounds; affirms summary judgment to county in wrongful death case under public duty doctrine; and holds tier designations in civil suits can only be changed by motion to amend not as issues tried by consent.

by William Gaskill

4 June 2018

Utah Court of Appeals affirms dismissal of claims involving land transfers on limitations grounds; affirms imposition of consecutive sentences; affirms denial of a motion to suppress evidence; and affirms summary judgment to defendants in legal malpractice case.

by William Gaskill

16 April 2018

Utah Court of Appeals affirms a divorce decree; vacates two convictions for ineffective assistance of counsel; reverses an attorney disqualification order; affirms denial of motion to suppress; holds accelerated trust deed note is subject to UCC statute of limitations; affirms assault of a police officer conviction; and issue one other decision.

by William Gaskill

2 February 2018

10th Circuit affirms wire fraud convictions; reverses order to reimburse Indian housing authorities with future appropriations; and affirms judgments entered in a Kansas mineral rights case.

by William Gaskill

31 January 2018

Utah Court of Appeals remands medical negligence case for new trail on limitations issue; affirms rejection of care review privilege claim; affirms aggravated assault conviction; and issues one other decision.

by William Gaskill

25 January 2018

Utah Supreme Court declines to decide if there is private cause of action under Utah’s free speech constitutional provisions and reverses robbery conviction based on improperly admitted preliminary hearing testimony.

by William Gaskill

24 January 2018

United States Supreme Court holds state limitations periods are suspended when state law claims are litigated in federal court; reverses finding of no probable cause to arrest and denial of qualified immunity; and holds challenges to a rule defining the waters of the United States must be field in district court.

by William Gaskill