Protecting and Serving Those Who Protect and Serve

By: Heather S. White

It is our responsibility to educate our officers about the resources available to them, their families, and their partners.

United States v. Tony, 948 F.3d 1259 (10th Cir. Jan. 27, 2020)

The Tenth Circuit held that the district court abused its discretion in excluding evidence of the victim’s use of drugs, because it had been offered for a permissible purpose—namely, to show that the victim was the first aggressor and self-defense. …

Peck v. Peck, 2020 UT App 14 (Jan. 24, 2020)

In this divorce action, husband’s attorney in the trial court did not object to a proposed order that incorrectly identified the length of the marriage for a QDRO calculation.  Husband filed a Rule 60(b) motion relying on the residual clause,…

Heartwood Home Health & Hospice, LLC v. Huber 2020 UT App 13 (Jan. 24, 2020)

In affirming the district court’s grant of summary judgment to the defendants in this case involving alleged breaches of a confidentiality agreement and fiduciary duties, the court of appeals addressed the effect of a Rule 30(b)(6) ’s representative’s position testimony…

Wallingford v. Moab City, 2020 UT App 12 (Jan. 24, 2020)

This appeal arose from a lawsuit filed by a group of citizens challenging Moab City’s modification of a previously approved land development project.  The City initially classified the modification as “major changes” which required a public hearing under a local…

Can We Still Be Friends? Judicial Disclosure and Recusal in Lawyer Friendship Cases

By: Keith A. Call

Useful guidance to judges and lawyers in understanding when it is appropriate or necessary to disclose personal relationships or even recuse oneself from a case.

Walker v. Corizon Health, 947 F.3d 1244 (10th Cir. Jan. 14, 2020)

In this 42 U.S.C. § 1983 action, the plaintiff, the estate of a deceased inmate, sued Corizon, which was the medical entity providing care to the institution, along with numerous healthcare professionals.  One defendant, Dr. Mohiuddin, filed a motion to dismiss…

State v. Hatfield, 2020 UT 1 (Jan. 9, 2020)

Defendant entered a Sery plea in the trial court to four counts under Utah’s Sexual Exploitation Act.  The court of appeals affirmed two counts but dismissed two finding that as to the dismissed counts, the materials in defendant’s possession did…

Keaty LLC v. Blueprint Summer Programs, Inc., 2020 UT App 9 (Jan. 9, 2020)

On appeal from the lower court’s dismissal for lack of personal jurisdiction, the court of appeals held that the district court properly concluded that it lacked personal jurisdiction over a North Carolina corporation, Blueprint.  The plaintiffs, including a consulting company…

State v. Hutchinson, 2020 UT App 10 (Jan. 9, 2020)

Citing efforts to reform probation statutes in recent years, the defendant argued the trial court lacked authority to revoke his probation.  While the legislature’s adoption of the Justice Reinvestment Initiative changed the probation landscape in 2015, district courts retain statutory…