May 4, 2018
On appeal from a conviction and sentence under 28 U.S.C. § 924(c), the Tenth Circuit held, as a matter of first impression, that the residual clause in the definition of “crime of violence” is unconstitutionally vague. That clause refers to “a felony…
May 3, 2018
In this medical malpractice claim against the State, the court of appeals held that filing a pre-litigation claim, as required by the Utah Health Care Malpractice Act, prior to filing a complaint does not toll the one-year statute of limitations applicable…
May 3, 2018
The defendant pled guilty to attempted aggravated assault for attacking the victim with a shovel. The district court held the plea in abeyance and ordered the defendant to pay restitution of $663 to the victim, purportedly to pay for an eye exam and…
May 3, 2018
This appeal arose out of the defendant’s convictions for rape and aggravated sexual abuse. Reversing, the court of appeals clarified the appropriate bounds of expert testimony in a sexual abuse case. While the expert could offer an opinion that certain symptoms…
Apr 26, 2018
In this appeal following a bench trial, which involved several challenges to the district court’s rulings prior and during trial, the court of appeals held that many of the appellant’s arguments were inadequately briefed. Among those were the appellant’s challenges to…
Apr 26, 2018
While a summary judgment motion was pending at the district court, counsel for Ultimate Auto Body filed an improper notice of intent to withdraw. Although arguing that the notice of intent to withdraw was improper, Basin proceeded to serve subsequent…
Apr 24, 2018
The plaintiffs were arrested based on outstanding warrants and detained in a county jail for 30 days or more prior to their arraignments. The arraignment delays violated New Mexico law requiring arraignment of a defendant within 15 days of arrest. …
Apr 16, 2018
In this criminal case, the State attempted to offer an expert opinion without providing an expert report, as required by Utah Code § 77-17-13. Reversing the convictions, the court of appeals held that the trial court abused its discretion by admitting the…
Apr 12, 2018
Appellant was in default of his mortgage agreement in 2008 for failing to make payments. The mortgage company began the foreclosure process by accelerating the payment due under the agreement in 2016. At issue was whether the triggering event for…
Apr 5, 2018
In this post-conviction relief act appeal, the Court of Appeals held that the petitioner’s ineffective assistance of counsel challenges to his guilty plea were not procedurally barred even though he had not moved to withdraw his guilty plea in the criminal…
