Kamoe entered a negotiated plea and was sentenced in a justice court proceeding. She then appealed to the district court but withdrew her appeal when that court denied her renewed motion to suppress. Back in justice court, Kamoe requested that…
Plaintiffs brought suit against a municipality after a family member was caught in a creek current while walking dogs in a historic nature park. The district court dismissed based on an application of Utah’s Limitations on Landowner Liability Act. Reversing,…
If passed, proposed legislation would significantly change the law governing police use of force in Utah.
The court of appeals affirmed the district court’s summary judgment and directed verdict dismissing the plaintiffs’ claims against the manufacturer, retailer, and distributors of an automobile involved in a high-speed rear-end collision. The court held that the district court was…
These appellate cases of interest were recently decided by the Utah Supreme Court, Utah Court of Appeals, and United States Tenth Circuit Court of Appeals. The summaries have been prepared by authoring attorneys Rodney Parker, Dani Cepernich, Robert Cummings, Nate Mitchell, Adam Pace,…
The court of appeals affirmed the district court’s denial of a motion to dismiss, relying on State v. James which held that because officers can direct a driver to leave a vehicle incident to a traffic stop, there is no…
In this case involving a conviction for a felon in possession of a firearm, the Tenth Circuit reversed a denial of a motion to suppress. The district court denied the motion based upon the inventory search exception. While the handgun…
By: Keith A. Call
If nothing else, Opinion 494 should make us all think about our personal relationships with other lawyers and whether there is anything in our relationships with opposing counsel that might materially impact our duty of undivided loyalty and zealous advocacy on behalf of our clients.
In this postconviction proceeding, the Tenth Circuit considered whether the district court erred in analyzing the prejudice prong of the ineffective assistance of counsel inquiry under the Sixth Amendment. Vacating the death sentence and remanding for resentencing, the Tenth Circuit…
In this appeal from summary judgment in favor of county official defendants, the Tenth Circuit adopted the Second Circuit’s three-part test for determining whether a purported failure to train for a given situation shows deliberate indifference by policymakers in the…
