Myers v Utah Transit Authority

Myers appealed the dismissal of his personal injury suit against Authority arguing Authority should be estopped from raising a statute of limitations defense. The panel affirmed. It held that the district court had jurisdiction to dismiss the case as no final order had been entered and thus Myers’ earlier notice of appeal did not vest jurisdiction in the appellate courts. The panel held that esptopel was not available on these facts given Authority made absolutely no statements which agreed to a new notice of claim which would rest the limitations clock.

State v Ochoa

Ochoa appealed his attempted murder and weapons convictions arguing ineffective assistance of counsel based on failure to object to certain jury instructions. The panel held there was no prejudice and affirmed. It held that there sufficient evidence presented to prove that Ochoa was an inmate at the state penitentiary and to prove Ochoa intentionally stabbed his cellmate several time and stated during the attack that he was trying to kill the cellmate thus any error in failing to object to the instructions did not prejudice Ochoa.

Dhedhy v Department of Workforce Services

Dhedhy appealed the denial of her application for unemployment benefits. The panel affirmed. It held there was substantial evidence that Dhedhy voluntarily resigned and there were no hostile workplace conditions or any other circumstances making denial of benefits inequitable.

State v Bradley

Bradley appealed his sentence arguing the district court did not take his need for medical treatment into account. The panel affirmed holding the testimony presented that Utah corrections officials screen new inmates and provide adequate care was sufficient to refute Bradley’s argument and affirm the sentence.

Desal v Labor Commission

Desal appealed the dismissal of his administrative complaint on statute of limitations grounds. The panel affirmed. It held that Desal’s complaint involved an incident several years before the complaint was filed which was clearly time barred under the 180 day limitation period.