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In re GJP, 2020 UT 4 (Feb. 5, 2020)

Feb 5, 2020

The juvenile court appointed a Guardian Ad Litem (“GAL”) for a mother defending against termination of parental rights proceedings.  The Office of Public Guardian (“OPG”) objected to the appointment arguing that the court had no authority to appoint a GAL…

United States v. Tony, 948 F.3d 1259 (10th Cir. Jan. 27, 2020)

Jan 27, 2020

The Tenth Circuit held that the district court abused its discretion in excluding evidence of the victim’s use of drugs, because it had been offered for a permissible purpose—namely, to show that the victim was the first aggressor and self-defense. …

Peck v. Peck, 2020 UT App 14 (Jan. 24, 2020)

Jan 24, 2020

In this divorce action, husband’s attorney in the trial court did not object to a proposed order that incorrectly identified the length of the marriage for a QDRO calculation.  Husband filed a Rule 60(b) motion relying on the residual clause,…

Wallingford v. Moab City, 2020 UT App 12 (Jan. 24, 2020)

Jan 24, 2020

This appeal arose from a lawsuit filed by a group of citizens challenging Moab City’s modification of a previously approved land development project.  The City initially classified the modification as “major changes” which required a public hearing under a local…

Walker v. Corizon Health, 947 F.3d 1244 (10th Cir. Jan. 14, 2020)

Jan 14, 2020

In this 42 U.S.C. § 1983 action, the plaintiff, the estate of a deceased inmate, sued Corizon, which was the medical entity providing care to the institution, along with numerous healthcare professionals.  One defendant, Dr. Mohiuddin, filed a motion to dismiss…

State v. Hatfield, 2020 UT 1 (Jan. 9, 2020)

Jan 9, 2020

Defendant entered a Sery plea in the trial court to four counts under Utah’s Sexual Exploitation Act.  The court of appeals affirmed two counts but dismissed two finding that as to the dismissed counts, the materials in defendant’s possession did…