United States v. Bowline, 917 F.3d 1227 (March 11, 2019)

Mar 11, 2019

In this criminal appeal, the Tenth Circuit joined a majority of circuits and held that prior precedent establishing appellate courts cannot review an untimely motion to dismiss under Fed. R. Crim. P. 12 absent a showing of good cause remains…

In re CCW, 2019 UT App 34 (March 7, 2019)

Mar 7, 2019

Mother petitioned to terminate parental rights of father, who had abandoned the children and twice been incarcerated for violently attacking the mother along with another woman.  For purposes of the best interest analysis, the Court of Appeals held that simply…

United States v. Knapp, —F.3d— (10th Cir. Mar. 5, 2019)

Mar 5, 2019

On appeal from denial of her motion to suppress, defendant argued that police searched her purse in violation of the Fourth Amendment.  The government responded that the search was constitutionally permissible as a search of defendant’s “person” incident to arrest….

Pilot v. Hill, 2019 UT 10 (Mar. 1, 2019)

Mar 1, 2019

Plaintiff’s complaint identified this personal injury suit as a Tier 2 case, but when the jury awarded damages in excess of $600,000, he sought to amend his tier designation post-trial under Rule 15(b)(1), which allows post-trial amendments to pleadings to…

Belnap v. Howard, 2019 UT 9 (February 28, 2019)

Feb 28, 2019

In an action a surgeon brought against physicians for defamation and tortious interference with prospective economic relations, the surgeon urged a bad-faith exception to the peer review privilege contained in Utah R. Civ. P. 26(b)(1), and argued he was entitled…

James v. Hon. Hruby-Mills 2019 UT App 30 (Feb. 22, 2019)

Feb 22, 2019

In denying the petitioner’s petition for an extraordinary writ, the Court of Appeals held, as a matter of first impression, that Utah R. Crim. P. 2, regarding calculation of time, applies to the calculation of a term of probation.  Applying…