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United States v. Salas 889 F.3d 681 (May 4, 2018)

May 4, 2018

On appeal from a conviction and sentence under 28 U.S.C. § 924(c), the Tenth Circuit held, as a matter of first impression, that the residual clause in the definition of “crime of violence” is unconstitutionally vague.  That clause refers to “a felony…

Schleger v. State 2018 UT App 84 (May 3, 2018)

May 3, 2018

In this medical malpractice claim against the State, the court of appeals held that filing a pre-litigation claim, as required by the Utah Health Care Malpractice Act, prior to filing a complaint does not toll the one-year statute of limitations applicable…

State v. Burnett 2018 UT App 80 (May 3, 2018)

May 3, 2018

This appeal arose out of the defendant’s convictions for rape and aggravated sexual abuse.  Reversing, the court of appeals clarified the appropriate bounds of expert testimony in a sexual abuse case.  While the expert could offer an opinion that certain symptoms…

Moya v. Garcia 887 F.3d 1161 (10th Cir. April 24, 2018)

Apr 24, 2018

The plaintiffs were arrested based on outstanding warrants and detained in a county jail for 30 days or more prior to their arraignments.  The arraignment delays violated New Mexico law requiring arraignment of a defendant within 15 days of arrest. …

State v. Peraza 2018 UT App 68 (Apr. 18, 2018)

Apr 16, 2018

In this criminal case, the State attempted to offer an expert opinion without providing an expert report, as required by Utah Code § 77-17-13.  Reversing the convictions, the court of appeals held that the trial court abused its discretion by admitting the…

Berrett v. State 2018 UT App 55 (Apr. 5, 2018)

Apr 5, 2018

In this post-conviction relief act appeal, the Court of Appeals held that the petitioner’s ineffective assistance of counsel challenges to his guilty plea were not procedurally barred even though he had not moved to withdraw his guilty plea in the criminal…

State v. Legg, 2018 UT 12 (March 27, 2018)

Mar 27, 2018

While the defendant’s appeal of the revocation of his probation was in process, he completed the sentence the revocation required and was released from prison.  The Court of Appeals then dismissed the appeal as moot because of the release, despite…