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Biesele v. Mattena, 2019 UT 30 (July 10, 2019)

In this appeal from a jury verdict involved tort claims arising out of an inheritance, the court held that, absent a request for apportionment of fault by a party, the Liability Reform Act does not preclude the district court from…

Words About Ethics Image

If You Prosecute Criminal Misdemeanors, You Must Read This

By: Keith A. Call

Contact: Keith A. Call   Originally appeared in the Utah State Bar Journal, July/Aug 2019.   The American Bar Association’s Standing Committee on Ethics and Professional Responsibility (the Committee) recently took aim at a problem it perceives among prosecutors of misdemeanor crimes. The…

A.N. v. Syling, 928 F.3d 1191 (10th Cir. July 8, 2019)

Police officer defendants appealed the district court’s denial of their motion to dismiss the plaintiff’s class-of-one equal protection claim on the basis of qualified immunity.  The Tenth Circuit rejected the defendants’ argument that the plaintiff had failed to establish a…

Evans v. Sandy City, 928 F.3d 1171 (10th Circuit July 5, 2019)

The court held that a panhandling ordinance prohibiting standing or sitting on unpaved medians was not an unconstitutional restriction on free speech because it was a content-neutral restriction, narrowly tailored to the City’s interest in protecting pedestrian safety.