May 1, 2020
At a probation revocation hearing based on possession of a firearm, the government asserted it may indict Ramon on a new charge resulting from the subsequent possession. The district court, therefore, revoked probation, imposed the maximum 24-month sentence, and ordered…
May 1, 2020
Responding to a domestic argument in a restaurant parking lot, police lifted the camper lid on the back of the defendant’s truck to help his girlfriend retrieve her belongings. When police discovered a gun under the lid, the defendant was…
Apr 30, 2020
An unacknowledged biological son of the deceased sought leave to intervene as an heir in probate proceedings. Over the objection of the deceased’s biological daughter, the district court permitted the son’s intervention. The court of appeals affirmed, holding that the…
Apr 29, 2020
A divided panel of the court of appeals denied the defendant’s rule 23B request to investigate the extent to which he was prejudiced by his counsel’s failure to call witnesses and lack of preparation. Affirming, the supreme court held the…
Apr 23, 2020
In this interlocutory appeal, the supreme court held that district courts have the inherent authority to transfer cases to a different jurisdiction for pretrial proceedings, and § 78B-3-309 does not limit that authority. In granting in part and denying in…
Apr 21, 2020
As a matter of first impression, the Tenth Circuit held that a six-month statute of limitations applies to an action to compel arbitration under Section 301 of the Labor Management Relations Act, rather than the six-year statute of limitations applicable…
Apr 16, 2020
In this divorce proceeding, the court of appeals affirmed the district court’s order modifying the husband’s child support and alimony obligations. Approximately a year after the initial divorce decree was entered, the husband lost his job at which he had…
Apr 16, 2020
This appeal arose from a petition for extraordinary relief filed by a prisoner who alleged that the Board of Pardons and Parole violated due process by determining that he is a sex offender, and conditioning his parole on sex offender…
Apr 14, 2020
Asserting claims against a brokerage firm, the plaintiffs presented two alternative calculations of damages. The arbitration panel awarded recovery under both theories. The defendant argued that this resulted in double recovery. The Tenth Circuit concluded, as a matter of first…
Apr 9, 2020
The court of appeals reversed denial of a motion to dismiss and held that two cases – one in Weber County and one in Utah County – were part of the same criminal episode. Sisneros stole a car in Weber…
