The Utah Court of Appeals clarified that if an expert witness is appointed by a juvenile court, the juvenile court is the proper forum to decide the reasonableness of the expert’s fees and which party is responsible for paying such…
In a per curiam opinion, the Court of Appeals affirmed the district court’s denial of a Rule 60(b)(1) motion. The respondent had asserted that the district court’s underlying order was based on a mistake of law. The Court of Appeals…
In this quiet title action, the district court granted defendant’s Rule 12(b)(6) motion to dismiss after considering a deed and note that plaintiff had failed to attach to the Complaint. The Court affirmed, explaining that the district court’s consideration of…
The Tenth Circuit had previously granted the pro se petitioner a certificate of appealability on the question of whether the petitioner’s ongoing registration obligations under Colorado’s Sex Offender Registration Act satisfy the custody requirement of 28 U.S.C. § 2254. The…
The Tenth Circuit dismissed the defendants’ interlocutory appeal for lack of jurisdiction. Defendants appealed the district court’s denial of their motion to dismiss the indictment and suppress grand jury testimony, which was based on the Fifth Amendment right to be…
The Utah Supreme Court reversed a defendant’s conviction for various charges on double jeopardy grounds because the legal necessity for a mistrial “was not established on the record.” During the first trial, the defendant’s wife brought him a suit jacket…
