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…
The court set aside a civil penalty of $413,750 assessed against the petitioner for securities fraud, and returned the case to the agency to reconsider the fine amount. The court held that although the Utah Securities Commission had authority to impose…
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…
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…
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…
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…
