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United States v. Chavez, 976 F.3d 1178 (10th Cir. Sept. 30, 2020)

In this criminal appeal, the Tenth Circuit addressed whether the “best evidence rule,” codified as Fed. R. Evid. 1002, applied to the introduction of questionably translated English-language transcripts of Spanish-language conversations recorded during a controlled drug buy. At trial, the…

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Appellate Highlights – Utah Bar Journal Fall Issue 2020

The appellate team of attorneys at Snow Christensen & Martineau published highlights in the Utah Bar Journal for the September – October 2020 Fall Issue. We are routinely retained by other attorneys to assist in pre-trial appellate issue identification and to provide advice concerning preservation of these issues. We have a long and successful track record of obtaining relief for clients from an unfair verdict. Here is are the summaries written by our attorneys that was published in the Fall of 2020.

United States v. Ansberry, 976 F.3d 1108 (10th Cir. Sept. 23, 2020)

Ansberry attempted to detonate a bomb at a police station. The district court, among other things, imposed a 12-level terrorism enhancement against him finding that Ansberry’s conduct was “calculated to retaliate against government conduct” and specifically refused to find whether…

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Telehealth and COVID-19

The adoption of Telehealth has exploded due to the lowering of regulatory barriers brought about by the COVID-19 pandemic and is likely to become permanent.  Providers have an opportunity to grow their practices by embracing telehealth but should be thoughtful in implementing this service delivery platform to maintain quality of care.

In re Adoption of B.H., 2020 UT 64 (Sept. 16, 2020)

Citing the Uniform Child Custody Jurisdiction and Enforcement Act, a biological father argued Utah lacked jurisdiction over a petition to terminate his parental rights, because the child was born in Montana. The district court had jurisdiction over the termination of…

SCM Law Welcomes Rachel E. Phillips Back to the Firm

We are pleased to announce that lawyer Rachel E. Phillips has returned to the law firm following her clerkship with Justice John A. Pearce of the Utah Supreme Court. Rachel’s practice focuses on defending governmental entities. She is an active…