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unpreserved error

27 June 2018

Utah Court of Appeals affirmed summary judgment to defendants in four credit card collections cases; holds amendment to trust void as a matter of law; affirms a probation revocation; affirms firearm and other convictions arising from a traffic stop and high speed chase; sets aside denial of a workers compensation claim; affirms rape convictions; affirms denial of a nonconforming use application; and issues one other decision.


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

14 May 2018

Utah Court of Appeals affirms summary judgment in UDOT negligence case and issues two other decisions.


by William Gaskill

26 April 2018

Utah Supreme Court affirms termination of a guardianship.


by William Gaskill

30 November 2017

Utah Supreme Court holds appellate review unavailable for untimely motions to withdraw guilty plea; rejects claim for bad faith insurance litigation attorney fees; holds stretch of Weber River navigable waters; and vacates part of a Court of Appels opinion.


by William Gaskill

13 November 2017

Utah Court of Appeals affirms child sex abuse convictions; rejects ineffective assistance claim; affirms aggravated assault conviction; affirms termination of the rights of both parents as to the same child; and affirms denial of a motion to suppress.


by William Gaskill

19 October 2017

Utah Court of Appeals affirms summary judgment in a breach of contract case; holds cities owe no duty to maintain streetlights; grants rehearing and affirms summary judgment as plaintiff failed to preserve argument relied upon by panel in initial reversal; affirms denial of permanent disability benefits; and affirms rejection of plat amendment.


by William Gaskill

6 October 2017

Utah Supreme Court identifies when an unpreserved or waived issue on appeal may be addressed sua sponte by it or the Utah Court of Appeals.


by William Gaskill

25 August 2017

Utah Supreme Court reinstates attempted murder conviction and holds extension of time to pay rent did not relieve guarantor of liability.


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

24 March 2017

Utah Supreme Court affirms summary judgment rejecting mining road claim.


by William Gaskill

9 January 2017

Utah Court of Appels holds jury instruction on strangulation wrongly removed element of crime from jury’s consideration; denies attempt to obtain refund of incarceration and probation costs after convictions reversed on appeal; and issues four other decisions.


by William Gaskill

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