In this eminent domain case, the supreme court clarified the standard for severance damages in cases involving partially condemned property by grounding the operative test in the terms of the statute as originally understood. In doing so, the court discussed…
When a subcontractor failed to make contributions to various trust funds for its employees’ work on a state construction project and then declared bankruptcy, the trusts sued to recover the unpaid contributions from a public payment bond associated with the…
In affirming the defendant’s convictions for being a felon in possession of a firearm, the Tenth Circuit upheld the district court’s admission of a 13-minute 911 call under the present sense impression exception to the rule against hearsay. The court…
SCM is pleased to announce Nathanael J. Mitchell as its newest shareholder. Nate’s practice ranges from criminal defense to civil litigation. With a track record of customized and innovative solutions to meet his client’s business, personal, and legal needs, SCM…
After the defendant asserted that the victim mistakenly accused him of public lewdness at trial, the prosecution introduced evidence of four strikingly similar prior instances of lewdness perpetrated by the defendant under the doctrine of chances. That doctrine permits the…
In affirming the denial of a petition to modify a divorce decree, the court of appeals held that the district court lacked continuing jurisdiction to modify or expand a stipulated non-child-related nondisparagement clause contained in a final decree of divorce.
In this criminal appeal, the Tenth Circuit held that the district court’s denial of the criminal defendant’s challenge to filing the supplement to his plea agreement under seal was plain error. The court detailed the burden that a party seeking…
The supreme court reversed the dismissal of the petitioner’s petition under the Post-Conviction Remedies Act, holding his prior petition that he had voluntarily dismissed did not constitute a “previous request for post-conviction relief.” The court applied the “settled view of…
In this consolidated interlocutory appeal of three district court orders denying motions to dismiss medical malpractice lawsuits, the court held: 1) that the fraudulent concealment and foreign object tolling exceptions in Utah Code § 78B-3-404 can extend either the limitations or repose…
The trial court made the payor spouse responsible for student and vehicle loans, but then disallowed the loan obligations when considering the payor spouse’s ability to pay alimony. Reversing and remanding for further consideration, the court of appeals held that…
