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State v. Martinez-Castellanos, 2017 UT App 13 (Jan. 20, 2017)

Trial counsel’s failure to provide the defendant a meaningful opportunity to participate in the in-chambers voir dire of potential jurors, either by being physically present or through discussion after, constituted deficient performance.  Without deciding whether voir dire is, as a…

Hertzske v. Snyder, 2017 UT 4 (Jan. 18, 2017)

This appeal arose out of a dispute over the proceeds of a life insurance policy.  Before his death, the policy owner disinherited and divorced his spouse, but he failed to change the beneficiary designation.  The Supreme Court held that, in the…

Brown v. Cox, 2017 UT 3, (Jan. 11, 2017)

In a dispute over election results, the court held that Utah Code § 20A-4-403(2)(a)(ii) unconstitutionally extended the Court’s original jurisdiction, because the Legislature cannot alter the Court’s original jurisdiction by statute.

Bank of America v. Adamson, 2017 UT 2 (Jan. 11, 2017)

The Utah Supreme Court answered the question left open in Federal National Mortgage Association v. Sundquist, as to the appropriate remedy for a violation of Utah Code § 57-1-21, which requires a trustee of a nonjudicial foreclosure sale to maintain an office within…

Jordan v. Jensen, 2017 UT 1 (Jan. 10, 2017)

Uintah County sold property at a tax sale without providing the required notice of the sale to the holder of mineral rights on the property.  The mineral interest owner filed suit challenging the validity of the tax sale 13 years…

State v. Steed, 2017 UT App 6 (Jan. 6, 2017)

After defendants’ convictions for failure to file tax returns were overturned, the district court denied their request for a refund of tax penalties and interest they had paid pursuant to a restitution order.  The court held that the order of acquittal…

Belnap v. IASIS Healthcare, 844 F.3d 1272 (10th Cir. Jan. 5, 2017)

The plaintiff had signed an agreement with one of the defendants that contained the following provision regarding arbitration:  ”The arbitration shall be administered by JAMS and conducted in accordance with its Streamlined Arbitration Rules and Procedures, except as provided otherwise…