In this appeal from a denial of a motion to suppress, the Tenth Circuit joined the Seventh and Ninth Circuits and held that a district court’s assessment of an officer’s good-faith reliance on a warrant under United States v. Leon should be limited…
After the criminal defendant pled guilty to two counts of aggravaAll Poststed sexual abuse of a child, the district court entered orders for complete and court-ordered restitution for, among other things, the anticipated cost of mental health treatment for the…
In this suit filed to collect a debt purportedly owed to a condominium owners association, the defendant—debtor asserted a counterclaim against the law firm representing the association, arguing the law firm had violated § 1692e of the Fair Debt Collection…
The plaintiff—creditors sought to recover funds that debtors paid to a law firm under a theory of fraudulent transfer. The court of appeals affirmed the district court’s grant of summary judgment to the law firm and one if its lawyers,…
The Court disavowed any prior suggestion in Orvis v. Johnson, 2008 UT 2, that the Utah summary judgment standard is distinct from the federal standard stated in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), and held that when the…
In an opinion emphasizing the importance of a clear record that a criminal defendant understands the consequences of waiving the right to counsel at sentencing, the Court of Appeals vacated a sentence entered without counsel for the defendant present. Although…
After problems emerged with homes located within a planned unit development, the homeowners association asserted claims against the developer, the builders, and their principals. In reviewing the district court’s grant of a directed verdict in favor of the developer, the…
The criminal defendant appealed his murder conviction, arguing the district court erred by admitting the State’s expert testimony and in admitting evidence of prior acts. The Supreme Court reversed, agreeing on both counts. With respect to the expert testimony, the…
UDOT appealed the district court’s award of $2.3 million in severance damages in connection with UDOT’s condemnation of a portion of property owned by the claimants. In evaluating the claim for severance damages based on a loss of visibility, the Court…
A jury found the defendant guilty of in-flight assault or intimidation of a flight attendant. In an interesting analysis of the differences between general and specific intent statutes, the Tenth Circuit rejected the defendant’s argument that Elonis v. United States, — U.S….
