In an interpretation of the Indian Child Welfare Act (ICWA), the Court rejected the application of state law for acknowledging or establishing paternity, and held that a federal standard applies. Specifically, the Court held that a standard of reasonability applies to…
The district court revoked the defendant’s supervised release in part because it found, by a preponderance of the evidence, that the defendant had knowingly been in possession of child pornography. Under 18 U.S.C. § 3583, revocation of parole for possession…
On a petition for certiorari from the Utah Court of Appeals in a case previously mentioned in these appellate highlights, the Utah Supreme Court reversed the Court of Appeals’ decision that it lacked jurisdiction to divide fees between a lawyer…
The defendant social worker appealed from the district court’s denial of her motion for summary judgment on the basis of qualified immunity in this case involving a substantive due process claim under 42 U.S.C. § 1983. The plaintiff asserted that…
Plaintiff petitioned for a writ of certiorari to resolve whether a court may grant summary judgment on a gross negligence claim in the absence of a standard fixed by law. The Utah Supreme Court affirmed the decision of the Court…
In this appeal from the juvenile court’s order terminating parental rights of the child, the mother argued, among other things, that the child should have been placed with family or a member of her tribe as prescribed in the Indian…
Discussing the disclosure requirements for non-retained experts for the first time since the 2011 revision to the Utah Rules of Civil Procedure, the court of appeals held that the district court abused its discretion by allowing a party to present opinions…
In this appeal of a criminal conviction, the supreme court held that trial counsel’s assent to an erroneous jury instruction prejudiced the defendant, but that prejudice cannot be presumed in the case of an erroneous jury instruction. The court also rejected the…
This appeal centered on whether a payment error affected the timeliness of a personal injury claim against a municipality. The supreme court reiterated that failure to file a timely undertaking did not present a jurisdictional issue, and held that dishonor of…
The defendant and the State had entered a plea agreement the weekend before trial was set to begin. Before presenting that agreement to the district court, the State withdrew it on the basis the alleged victim objected to the agreement. …
