Hooks v. Atoki, 983 F.3d 1193 (10th Cir. Dec. 29, 2020)

Dec 29, 2020

In this civil rights lawsuit, an inmate alleged that the defendant police officers used excessive force during his arrest, and that correction officers were deliberately indifferent to a jail-house beating he suffered.  The court applied a subjective intent standard to…

Crowson v. Washington County, 983 F.3d 1166 (10th Cir. Dec. 29, 2020)

Dec 29, 2020

In this interlocutory appeal, the Tenth Circuit addressed the scope of pendent appellate jurisdiction and the circumstances in which a claim under 42 U.S.C. § 1983 can be maintained against a municipality without establishing a violation of the plaintiff’s constitutional rights…

Miller v. Miller, 2020 UT App 171 (Dec. 24, 2020)

Dec 24, 2020

In this divorce, the district court dismissed a petition to modify for both failure to state a claim and failure to employ dispute resolution procedures.  The court of appeals reversed the rule 12(b)(6) dismissal on the basis that the lower…

R4 Constructors v. Inbalance Yoga, 2020 UT App 169 (Dec. 24, 2020)

Dec 24, 2020

The court held that the nonrecovery provision of Utah Code § 58-55-604 (which limits a non-licensed contractor’s ability to sue) 1) creates an affirmative obligation of the plaintiff which is not a waivable affirmative defense; and 2) allows unlicensed contractors to sue even…

State v. Gallegos, 2020 UT App 162 (Dec. 10, 2020)

Dec 10, 2020

After a shank was found in the cell he shared with another prisoner, Gallegos was tried and convicted for felony possession of a dangerous weapon. On appeal, Gallegos challenged the admission of evidence showing he previously possessed a nearly identical…

State v. Wilkerson, 2020 UT App 160 (Nov. 27, 2020)

Nov 27, 2020

In this appeal from a restitution order requiring the criminal defendant to pay roughly $2,000 to Utah County for his pre-plea detention in the Utah County Jail, the Utah Court of Appeals held that the Pay-to-Stay Statute, Utah Code § 76-3-201(6),…

United States v. Silva, 981 F.3d 794 (10th Cir. Nov. 24, 2020)

Nov 24, 2020

On appeal from his sentencing for possession of a firearm by a restricted person, Silva challenged the trial court’s reliance on a twelve-year-old assault conviction to treat him as a “career offender” and substantially enhance his sentence.  On plain-error review,…