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Kell v. Benzon — F.3d —, Case No. 17-4191 (May 28, 2019)

May 28, 2019

On a habeas petition, Kell asserted two new claims after his initial petition was filed.  The district court stayed one of the new claims to allow exhaustion in state court while the remaining claims proceeded.  The Government filed a notice…

Nielsen v. Retirement Board, 2019 UT App 89 (May 23, 2019)

May 23, 2019

In this administrative appeal, Nielsen argued that the Utah Retirement Board erred when it concluded that she could not continue participating in a non-contributory plan offered through Utah Retirement Systems, because she failed to make an election at the time…

State v. Lane, 2019 UT App 86 (May 23, 2019)

May 23, 2019

The court of appeals reversed the defendant’s conviction for assault and possession of a dangerous weapon by a restricted person on the basis the district court applied the wrong standard in admitting prior act evidence under the doctrine of chances….

Willis v. Adams & Smith, Inc., 2019 UT App 84 (May 16, 2019)

May 16, 2019

The defendant argued that the testimony of plaintiffs’ non-retained expert on the issue of valuation should have been excluded at trial because the expert was not properly disclosed under Utah R. Civ. P. 26(a)(4)(E).  In rejecting this argument, the court…

Nave-Free v. Free, 2019 UT App 83 (May 16, 2019)

May 16, 2019

In this domestic case, the appellant argued that a post-decree reduction in medical expenses should result in a decrease of child support.  The court of appeals clarified that the statute at issue, which allowed an adjustment to child support based…

Hamer v. City of Trinidad, 924 F.3d 1093 (10th Cir. May 15. 2019)

May 15, 2019

The Tenth Circuit considered when and how a government entity violates Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act: whether only when it initially constructs or creates a non-compliant service, program, or activity;…

United States v. Loera, 923 F.3d 907 (10th Cir. May 13, 2019)

May 13, 2019

While executing a search warrant for evidence of computer fraud, federal agents discovered child pornography on certain disks in the defendant’s home. Setting those disks aside, the agents continued their search for evidence of computer fraud.  The Tenth Circuit affirmed…

State v. Brunn, 2019 UT App 77 (May 9, 2019)

May 9, 2019

As a matter of first impression, the Court of Appeals held that a criminal defendant’s prior settlement agreement with the victim did not preclude a restitution judgment for a greater amount under the Crime Victims Restitution Act, except to the…