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#MeToo Movement

By: Nathan A. Crane

The #MeToo movement has created a flood of claims, public accusations and predicted denials.  No one could have suspected the extent of the issue.  Many of the claims involve alleged conduct that occurred years or even decades before the claim is made, and this raises difficult and unusual legal issues for the participants in legal cases. 

United States v. Salas, 889 F.3d 681 (May 4, 2018).

On appeal from a conviction and sentence under 28 U.S.C. § 924(c), the Tenth Circuit held, as a matter of first impression, that the residual clause in the definition of “crime of violence” is unconstitutionally vague.  That clause refers to “a felony…

Schleger v. State, 2018 UT App 84 (May 3, 2018).

In this medical malpractice claim against the State, the court of appeals held that filing a pre-litigation claim, as required by the Utah Health Care Malpractice Act, prior to filing a complaint does not toll the one-year statute of limitations applicable…

State v. Becker, 2018 UT App 81 (May 3, 2018)

By: Adam M. Pace

The defendant pled guilty to attempted aggravated assault for attacking the victim with a shovel. The district court held the plea in abeyance and ordered the defendant to pay restitution of $663 to the victim, purportedly to pay for an eye exam and…

State v. Burnett, 2018 UT App 80 (May 3, 2018).

This appeal arose out of the defendant’s convictions for rape and aggravated sexual abuse.  Reversing, the court of appeals clarified the appropriate bounds of expert testimony in a sexual abuse case.  While the expert could offer an opinion that certain symptoms…