The Supreme Court analyzed whether a parolee could assert a Fifth Amendment challenge to the revocation of his parole based upon his participation in a sex offender treatment program that required the disclosure of past charged or uncharged sex offenses. …
This is the second appeal from the district court’s order of contempt issued against the defendants based on their failure to comply with an order requiring them to deposit all rents collected with the court. In this appeal, defendants sought,…
In an appeal from a denial of a motion seeking relief from court order under Utah Rules of Civil Procedure 60(b), the Utah Supreme Court held that Rule 60(b) motions must be filed under their appropriate headings. Specifically, Rule 60(b)(6) is…
The court affirmed the defendants’ felony convictions for child kidnapping and aggravated murder. Among other things, the courtabandoned the factors test described in prior case law and held that Utah R. Evid. 403’s balancing test is the standard that a…
The Utah Supreme Court held that, under Utah R. Evid. 505, when the government invokes the confidential informant privilege, all charges for which that testimony is necessary must be dismissed. The court abandoned a common-law multi-factor test governing the admission of…
This appeal arose from a dispute over a real estate sales commission. The defendant who lost at trial filed several Rule 60(b) motions seeking to vacate the judgment, including an argument that the court lacked jurisdiction because the principal broker…
The court affirmed the district court’s holding that the University, as an arm of the State, had sovereign immunity for the plaintiffs’ claim under the Trafficking Victims Protection Reauthorization Act. It rejected the plaintiffs’ argument that the Act itself waived the State’s…
Extending a prior decision, the Tenth Circuit concluded that a defendant may knowingly and voluntarily waive his or her right to seek a reduction in sentence pursuant to 18 U.S.C.A. § 3582(c)(2) by entering into a plea agreement with the United States.
In a dispute over water and boundaries, the Utah Court of Appeals upheld an award of attorney fees as a sanction for bad faith in instigating the litigation without an honest belief in its merits. The court held that a prevailing…
Reversing and remanding a sentence, the Tenth Circuit held the district court committed plain error when it applied a discretionary downward variance for the purpose of making the defendant eligible for a rehabilitative drug program.
