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State v. Miller, 2019 UT App 18 (Jan. 31, 2019)

In this criminal appeal, the Utah Court of Appeals affirmed the district court’s denial of the defendant’s motion to suppress based upon the stop being impermissibly prolonged without reasonable suspicion.  The defendant had argued that, while the initial stop may have…

State v. Trujillo, 2019 UT 5 (Jan. 29, 2019)

Reversing the defendant’s conviction, the Supreme Court held that the witness retaliation statute requires a showing that the defendant intended for the threat or harmful action to reach the targeted witness, but does not require proof that the threat actually…

Utah Business Lawyer Adam Pace

SCM Elects Adam M. Pace As Its Newest Shareholder

Snow Christensen & Martineau is pleased to announce the election of a new shareholder, Adam M. Pace.  He has been with the firm for more than six years.  Adam is a superb litigator with diverse experience in contract and property…

SEC v. Scoville, 913 F.3d 1204 (10th Cir. Jan. 24, 2019)

In an appeal involving the SEC’s civil enforcement action against an alleged Ponzi scheme based in Utah, the Tenth Circuit held that Congress intended the antifraud provisions of the federal Securities Acts to apply extraterritorially according to the judicially-created conduct…

Cummings v. Dean, 913 F.3d 1227 (10th Cir. Jan. 24, 2019)

After the district court granted in part and denied in part the defendants’ motion to dismiss the due process claims asserted against them under 42 U.S.C. § 1983, holding one defendant was entitled to qualified immunity on all claims, while one…

Noor v. State, 2019 UT 3, 435 P.3d 221 (Jan. 18, 2019)

In this appeal from the denial of a petition for post-conviction relief, the Utah Supreme Court confirmed that Utah R. Civ. P. 15(c) applies to proposed amendments to petitions under the Post-Conviction Remedies Act filed after the statute of limitations…

Pinney v. Carrera, 2019 UT App 12 (Jan. 10, 2019)

The appellant sought to overturn the jury’s award of non-economic damages to the plaintiff on the ground that she failed to show a “permanent disability or permanent impairment based upon objective findings,” as required by Utah Code § 31A-22-309(1)(a)(iii).  The court…

State v. Bowdrey, 2019 UT App 3, (Jan. 10, 2019)

In this criminal appeal, the Utah Court of Appeals affirmed the district court’s denial of the defendant’s request for a cautionary jury instruction regarding the limitations of eyewitness identification under State v. Long, 721 P.2d 483 (Utah 1986).  The court…