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State v. Mooers, 2017 UT 36 (June 27, 2017)

The Utah Supreme Court held that an order of complete restitution as part of a plea in abeyance was a final, appealable order and the court of appeals had jurisdiction to hear such an appeal.  The court emphasized the difference between a…

State v. Reigelsperger, 2017 UT App 101 (June 22, 2017)

A criminal suspect involuntarily committed to a mental health facility by the state for reasons unrelated to the investigation is not in custody for Miranda purposes, because a reasonable suspect would feel free to end the interrogation, even if he or she could…

Ghailani v. Sessions, 859 F.3d 1295 (10th Cir. June 21, 2017)

The plaintiff prisoner was forbidden from participating in group prayer with other inmates due to prior terrorist activity. The Tenth Circuit held that the Government cannot rely on Special Administrative Measures to demonstrate the state’s compelling interest required by RFRA, because…

Butt v. State, 2017 UT 33 (June 19, 2017)

In this appeal of denial of a post-conviction petition challenging a conviction for dealing in materials harmful to minors, the supreme court held the defendant had been deprived of effective assistance of counsel where his attorney failed to raise a First…

Ostler v. State Retirement Bd., 2017 UT App 96 (June 15, 2017)

In this petition for judicial review of the Retirement Board’s order denying the petitioner retirement benefits, the Utah Court of Appeals interpreted the Utah Retirement System forfeiture statute, Utah Code § 49-11-501.  It held that because “service credit requires both types of…

State v. Outzen, 2017 UT 30 (June 7, 2017)

The court held that “[a] person violates Utah Code section 41-6a-517 if he or she operates or is in actual physical control of a motor vehicle with any measurable amount or metabolite of a controlled substance in his or her body.”  Section…