A homeowners association sued the defendants for permanent injunctive relief related to the construction of a garage, which encroached on the association’s right-of-way to maintain, improve, or use a 60-foot-wide road in that area. Because the association failed to submit…
Defendant appealed convictions stemming from a shooting and subsequent police chase. Among other challenges, the defendant argued that the trial court erred in dismissing a juror caught sleeping through significant portions of a trial without questioning the juror. Affirming, the…
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Affirming the appellant’s conviction for traffic infractions, the supreme court held that the right to a jury trial in criminal cases under the Utah Constitution does not extend to cases where the sanction would be limited to incarceration for thirty…
Affirming a conviction for aggravated sexual abuse of a child, the court of appeals rejected the defendant’s argument that propensity evidence was improperly admitted under Utah R. Evid. 404(c). The court emphasized that evidence admitted under rule 404(c) is relevant…
In this trademark dispute, the Tenth Circuit reversed the denial of a motion to dismiss for lack of personal jurisdiction. In doing so, the court held that defendant did not purposefully avail itself of the jurisdiction of the forum state,…
The district court imposed a stock condition of supervised release requiring the defendant to “take prescribed medications as directed” by his mental health providers. On appeal, the Tenth Circuit held that imposition of a blanket medication requirement without particularized findings…
The Tenth Circuit concluded that 18 U.S.C. § 2251(a) is ambiguous as to whether the unit of prosecution for possession of child pornography is a single device or simultaneous possession of multiple devices. Applying the rule of lenity, the Court…
This case arose out of an international custody dispute under the Hague Convention on Civil Aspects of International Child Abduction. The district court denied the petitioner’s request to return the children to Australia, because he failed to prove that Australia…
The federal district court certified four questions regarding whether and to what extent implanted medical devices should be immune from strict liability design defect claims under Utah law because they are “unavoidably unsafe.” Among other things, the supreme court held…
