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vagueness

1 August 2018

Utah Supreme Court affirms vulnerable adult abuse conviction and sentence.


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

9 May 2018

10th Circuit holds enhanced arson sentencing statute’s residual clause unconstitutionally vague; affirms felon in possession and related convictions; grants several defendants qualified immunity in a foster case abuse case; and holds certain Oklahoma burglary convictions are not crimes of violence for enhanced criminal sentencing purposes.


by William Gaskill

18 April 2018

United States Supreme Court holds immigration aggravated felony residual clause is unconstitutionally vague and holds federal habeas courts should look though state summary affirmances to determine the reasoning in the state case.


by William Gaskill

9 February 2018

10th Circuit holds reduction of sentence does not restart habeas clock; affirms conviction for interfering with a flight crew; holds challenge to mandatory crime of violence sentencing guideline is untimely; rejects a challenge to black lung survivor benefits; holds arbitration provision in gaming compact unenforceable and orders it severed; and affirms rejection of claims arising from accidental tear gas exposure in a prison.


by William Gaskill

1 September 2017

10th Circuit rejects vagueness challenge to mandatory career criminal sentencing guideline; holds federal courts have subject matter jurisdiction over tribal suit seeking injunction against state contract lawsuit; and vacates preliminary injunction against a tribal court suit involving same contract litigation.


by William Gaskill

6 March 2017

United States Supreme Court allows challenge to jury verdict based on allegations of racial bias during deliberations; holds sentencing guidelines cannot be attacked as unconstitutionally vague; and summarily reverses and remanded death sentence case for failure to apply correct legal rule.


by William Gaskill

19 September 2016

10th Circuit holds immigration “crime of violence” ground for removal unconstitutionally vague.


by William Gaskill

2 November 2015

10th Circuit holds sentencing guidelines career criminal residual clause unconstitutionally vague and that Delaware master limited partnerships have citizenship in every state an owner of an interest in them reside.


by William Gaskill

26 June 2015

United States Supreme Court holds same sex marriage fundamental right under 14th Amendment and the residual clause of the Armed Career Criminal Act is unconstitutionally vague.


by William Gaskill

26 March 2015

Utah Court of Appeals affirms allowing past acts of molestation at child sex abuse trial and issues 6 other decisions.


by William Gaskill

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