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Rosser v. Rosser, 2019 UT App 25 (Feb. 14, 2019)

Feb 14, 2019

This appeal arose out of a post-divorce contempt proceeding.  The parties’ mediation agreement required appellant to pay 50% of a tax obligation.  Both parties mistakenly believed the other had paid the tax, and the decree of divorce made Wife solely…

Nebeker v. Orton, 2019 UT App 23 (Feb. 14, 2019)

Feb 14, 2019

In this appeal from an award of parent-time to a non-custodial parent, the Court of Appeals held that the lower court exceeded its discretion by awarding only minimum parent-time to an appellant father under the schedules in Utah Code §§ 30-3-35…

State v. Miller, 2019 UT App 18 (Jan. 31, 2019)

Jan 31, 2019

In this criminal appeal, the Utah Court of Appeals affirmed the district court’s denial of the defendant’s motion to suppress based upon the stop being impermissibly prolonged without reasonable suspicion.  The defendant had argued that, while the initial stop may have…

State v. Trujillo, 2019 UT 5 (Jan. 29, 2019)

Jan 29, 2019

Reversing the defendant’s conviction, the Supreme Court held that the witness retaliation statute requires a showing that the defendant intended for the threat or harmful action to reach the targeted witness, but does not require proof that the threat actually…

SEC v. Scoville, 913 F.3d 1204 (10th Cir. Jan. 24, 2019)

Jan 24, 2019

In an appeal involving the SEC’s civil enforcement action against an alleged Ponzi scheme based in Utah, the Tenth Circuit held that Congress intended the antifraud provisions of the federal Securities Acts to apply extraterritorially according to the judicially-created conduct…

Noor v. State, 2019 UT 3, 435 P.3d 221 (Jan. 18, 2019)

Jan 18, 2019

In this appeal from the denial of a petition for post-conviction relief, the Utah Supreme Court confirmed that Utah R. Civ. P. 15(c) applies to proposed amendments to petitions under the Post-Conviction Remedies Act filed after the statute of limitations…

Pinney v. Carrera, 2019 UT App 12 (Jan. 10, 2019)

Jan 10, 2019

The appellant sought to overturn the jury’s award of non-economic damages to the plaintiff on the ground that she failed to show a “permanent disability or permanent impairment based upon objective findings,” as required by Utah Code § 31A-22-309(1)(a)(iii).  The court…

State v. Bowdrey, 2019 UT App 3, (Jan. 10, 2019)

Jan 10, 2019

In this criminal appeal, the Utah Court of Appeals affirmed the district court’s denial of the defendant’s request for a cautionary jury instruction regarding the limitations of eyewitness identification under State v. Long, 721 P.2d 483 (Utah 1986).  The court…

State v. Van Huizen, 2019 UT 01 (Jan. 7, 2019)

Jan 7, 2019

After pleading guilty to armed robbery, a juvenile defendant challenged his bindover based on a claim of judicial bias discovered after sentencing.  The court of appeals vacated the conviction.  Reversing, the supreme court held the court of appeals erred in…