SCM NEWS & OPINIONS

  • BLOG
  • APPELLATE HIGHLIGHTS
  • EVENTS
  • FIRM NEWS
  • SHOW ALL

United States v. Pauler, 857 F.3d 1073 (10th Cir. May 23, 2017)

The defendant was convicted of violating 18 U.S.C. § 922(g)(9) by possessing a firearm after having previously been convicted of a misdemeanor crime for domestic violence.  The Tenth Circuit held that a misdemeanor violation of a municipal ordinance did not qualify as…

State v. Robertson, 2017 UT 27 (May 15, 2017)

Overruling a prior interpretation of Utah Code section 76-1-404, the court formally abandoned the “dual sovereignty doctrine,” which had permitted subsequent criminal prosecutions by different sovereigns for the same offense.  In doing so, the court determined that the Blockburger-Sosa test was the…

Jones v. Needham, 856 F.3d 1284 (10th Cir. May 12, 2017)

In this discrimination case, the employer argued that employee failed to exhaust administrative remedies because the complaint contained a quid pro quo harassment claim that was absent from the charge of discrimination.  The Tenth Circuit held that the discrimination charge satisfied…

Veysey v. Nelson, 2017 UT App 77 (May 4, 2017)

On remand from the Court’s prior ruling in Veysey v. Veysey, 2014 UT App 264, 339 P.3d 131, the district court held that laches barred the majority of the mother’s claim for reimbursement of daycare expenses even though the statute of limitations had…

State v. Martinez, 2017 UT 26 (May 2, 2017)

The court held that officer safety concerns justified a voluntary interaction during a traffic stop, in which the officer requested a passenger’s identification, and the seconds-long extension of the traffic stop resulting from running the identification did not unreasonably prolong the…