PARENTING: No clear error in finding insufficient evidence that husband posed a sex abuse risk to minor daughter and in reinstating unsupervised parenting time… No plain error in presiding over the show cause hearing via Zoom when Judge was too ill to travel… Abbott affirmed. [Read more…]
Archives for 2026
Rape/kidnap/robbery, repeated use of “victim”
RAPE/KIDNAP/ROBBERY: Defendant deprived of fair trial by repeated use of “victim” in reference to complaining witness and by admission of his request to his girlfriend that she “wipe” his phone… conviction reversed, remanded for a new trial… Marks reversed. [Read more…]
Postconviction, killed one deputy, injured another
POSTCONVICTION claims of ineffective assistance in defending Defendant convicted of killing one deputy and wounding another in 2003 properly rejected without an evidentiary hearing… Olson affirmed. [Read more…]
Deliberate homicide, $72,000 restitution for lost profits
DELIBERATE HOMICIDE conviction affirmed over challenge to denial of counsel substitution and incentivized co-defendant instruction… $72,000 restitution for loss of profits to family business not supported… Harris affirmed, reversed. [Read more…]
Drugs, continued prosecution of unresolved count
DRUGS: §46-11-503(1)(b) does not bar continued prosecution of an unresolved count when all charges were filed in a single proceeding and the Defendant pled guilty to other counts charged in that proceeding… McMahon affirmed. [Read more…]
Postconviction, $150,000 “fixed fee” contract
POSTCONVICTION: Ineffective assistance claims by sexual assault Defendant involving retained trial and appellate counsel and State Bar-resolved dispute over $150,000 “fixed fee” contract properly rejected… Salvagni affirmed. [Read more…]
Debt collection, medical accounts stated
DEBT COLLECTION: 4 medical accounts stated improperly dismissed as not addressed in summary judgment motion… fact issues as to whether 93 days of silence constituted an “unreasonable” time to retain a statement without objection require jury resolution on a 5th account… Ohman reversed. [Read more…]
Settlement, $20 million, attorney who killed & injured
SETTLEMENT of civil claims against attorney who wounded his former paramour and killed her new boyfriend resulting in $10 million judgments for each properly construed as not requiring Liquidating Receiver to pay attorney’s capital gains taxes… Vannatta affirmed. [Read more…]
Elections, BI-8 constitutes single amendment
ELECTIONS: BI-8 constitutes single constitutional amendment… AG lacked authority to append a fiscal statement… AG reversed. [Read more…]
Order of protection, Respondent’s courtroom behavior
ORDER OF PROTECTION properly made permanent based on Respondent’s behavior in Court… waiver of filing fee does not include court reporter transcript costs… Breuner affirmed (memorandum). [Read more…]
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