APPELLATE HIGHLIGHTS

  • SEE ALL
  • CONTRIBUTING AUTHORS

Ohlsen v. United States, 998 F.3d 1143 (10th Cir. June 3, 2021)

Jun 3, 2021

Under a Cooperative Funds and Deposits Act (“CFDA”) agreement with the Isleta Pueblo Indian tribe, the United States Forest Service worked to thin and masticate forestland in the Manzano  Mountains of New Mexico. During these wildfire-reduction efforts, however, a substantial…

United States v. Suggs, 998 F.3d 1125 (10th Cir. June 2, 2021)

Jun 2, 2021

On appeal from denial of his motion to suppress, Suggs argued that evidence linking him to a road-rage shooting was obtained through unconstitutionally broad search warrants. The Tenth Circuit agreed, reversing the district court’s denial of the motion to suppress…

Fuja v. Adams, 2021 UT App 55 (May 27, 2021)

May 27, 2021

This appeal arose from a property dispute between neighbors, where the plaintiff obtained a preliminary injunction halting the defendant’s construction of a new home. After a bench trial, the district court held that the injunction had been improvidently granted, but…

Martin v. Kristensen, 2021 UT 17 (May 27, 2021)

May 27, 2021

A divorce court entered a temporary order granting the wife possession of a home owned by her father-in-law during the pendency of the divorce proceedings. The father-in-law filed a lawsuit to evict the wife and obtained an unlawful detainer judgment…

McCloud v. State, 2021 UT 14 (May 20, 2021)

May 20, 2021

In this Post-Conviction Remedies Act case, the supreme court repudiated the prior standard set forth in Lafferty v. State, 2007 UT 73, and held that the Strickland standard applies to ineffective assistance of counsel claims against appellate counsel.

United States v. Crooks, 997 F.3d 1273 (10th Cir. May 18, 2021)

May 18, 2021

Crooks was convicted of possessing 567 grams of crack cocaine with intent to distribute, which resulted in a 360 month-to-life prison term based, in part, on a career criminal enhancement and the offense level associated with possessing 50 grams or…