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Fisher v. Raemisch, 762 F.3d 1030 (10th Cir. 2014) 

The Tenth Circuit held that the one-year statute of limitations for habeas petitions was tolled during the pendency of the petitioner’s state court application for post-conviction relief, even though it took the state court over eight years to resolve the…

Al-Turki v. Robinson, 762 F.3d 1188 (10th Cir. 2014) 

The Tenth Circuit affirmed the denial of qualified immunity to prison officials in this Eighth Amendment case brought pursuant to 42 U.S.C. § 1983, where a prisoner with kidney stones alleged that he was not given prompt medical treatment and…

Oseguera v. State, 2014 UT 31, 332 P.3d 963 (July 29, 2014) 

A legal immigrant to the U.S. faced deportation proceedings after pleading guilty to theft charges. He sought to avoid deportation by withdrawing his guilty plea through a petition under the Utah Post-Conviction Remedies Act (UPRA), or alternatively, through an extraordinary…

State v. Johnson, 2014 UT App 161 (July 3, 2014) 

In a divided opinion, the Utah Court of Appeals reversed a conviction for murder on an issue that was not preserved for appeal based on “exceptional circumstances.” On appeal, the court asked the parties for supplemental briefing to address for…