10 Oct 2016
Dismissing A Protective Order and the Mota Case Mota v. Mota, 2016 UT App 201 involved an interesting issue regarding dismissing a protective order. In April 2011, [...]Read more Factors Considered in Dismissing A Protective Order
29 Sep 2016
Withholding Evidence Must Prejudice A Defendant in Order to Obtain Post Conviction Relief In Gordon v. State, 2016 UT App 191, the Utah Court of Appeals addressed [...]Read more How Does Withholding Evidence Affect A Post Conviction Petition?
17 Aug 2016
The Court Can Exclude Relevant Evidence if it Causes Unfair Prejudice The court of appeals recently addressed rule 404(b) and the “unfair prejudice” [...]Read more Excluding 404(b) Evidence for Unfair Prejudice
26 Jul 2016
Evidence of a Criminal Conviction Involving Dishonesty Dr. Taylor started treating Mr. Robinson in 2003 for chronic back pain and degenerative disc disease. He [...]Read more The Admissibility of a Criminal Conviction in a Utah Trial
12 Jul 2016
Prosecutors Must Prove that the Defendant had the Specific Intent Required In the recent Carrera case the Utah Supreme Court addressed what prosecutors must prove [...]Read more Specific Intent to Commit a Crime Must be Proved by the State
30 Jun 2016
Multiple Gun Shots Means Multiple Felony Unlawful Discharge Charges The Utah Supreme Court recently decided State v. Rasabout, 2015 UT 72. Andy Rasabout was a member [...]Read more Unlawful Discharge of Firearm Charged for Each Separate Shot
29 Jun 2016
Police Killing A Dog Can Be Considered a Violation of the Fourth Amendment Kent and Tonya Mayfield brought this action against Deputy Jim Bethards under 42 U.S.C. § [...]Read more Dogs Are Protected Against Unreasonable Search and Seizure
22 Jun 2016
Does a Gun Owner Have a Duty to not Supply an Intoxicated Person with a Firearm? Neely Creager was at a party one evening where she had a night of heavy drinking and [...]Read more What is the Gun Owner Duty In Relation to Intoxicated Persons?