Courts & Litigation

Auto Owners Insurance v. Labor Commission - Workers' Comp Recovery Dispute

The Utah Supreme Court ruled on a dispute between an injured employee and their employer/insurer regarding the sharing of a third-party recovery. The court affirmed the Labor Commission's interpretation that the employer and insurer must share in the expenses of obtaining the recovery proportionally to their total interest, including future offsets, and must reimburse the employee for their share of expenses before offsetting future benefits.

In re B.G. - Utah Supreme Court Opinion

The Utah Supreme Court issued an opinion in the case of In re B.G., addressing the process for out-of-state parental fitness evaluations when a child is removed from a custodial parent. The court considered whether the Interstate Compact on the Placement of Children (ICPC) was appropriately applied and whether counsel was ineffective for not objecting to its use.

Van Dusen v. Wasatch County - Utah Supreme Court Opinion

The Utah Supreme Court has issued an opinion in Van Dusen v. Wasatch County. The court granted a motion to suspend an injunction that had halted construction of a temple, allowing construction to resume pending the resolution of the appeal. The decision addresses the risk of irreparable harm in the context of appellate injunctions.

State v. Jennings - Utah Supreme Court Opinion

The Utah Supreme Court issued an opinion in State v. Jennings, addressing the standard required for a defendant to establish a prima facie claim of justification under the Pretrial Justification Statute. The court clarified the evidentiary burden on defendants seeking to have a justification defense determined before trial.

Kendrick v. Texas - Out of Time Appeal Granted

The Texas Court of Criminal Appeals granted Eric Robert Kendrick an out-of-time appeal. The court found that counsel failed to timely file a notice of appeal, thus denying Kendrick his right to an appeal. He may now file an out-of-time appeal for his conviction.

Martinez v. State - Habeas Corpus Relief Granted

The Texas Court of Criminal Appeals granted habeas corpus relief to Ramiro Martinez, reforming his sentence for capital murder. The court found that his juvenile status at the time of the offense, coupled with the Eighth Amendment, necessitated a sentence modification.

Gallamore George Stanley - Out of Time Appeal Granted

The Court of Criminal Appeals of Texas granted an out-of-time appeal for George Stanley Gallamore in case WR-97,273-01. The court found that Gallamore was denied his right to an appeal due to a breakdown in the system, specifically counsel's failure to timely file a notice of appeal.

Kildow v. Texas - Habeas Corpus Application Granted

The Texas Court of Criminal Appeals granted Lonard Kildow's habeas corpus application, allowing him an out-of-time appeal for a conviction of aggravated assault with a deadly weapon. The court ordered the trial court to determine indigency and appoint counsel if requested, with a notice of appeal due within thirty days of the court's mandate.

Seeger Justin Uriah - Habeas Corpus Out of Time PDR Granted

The Court of Criminal Appeals of Texas granted an out-of-time petition for discretionary review for Justin Uriah Seeger. This decision stems from a finding that his appellate counsel's performance was deficient in failing to timely inform him of his conviction affirmation and his right to file a pro se petition.

Umphress v. Steel - Texas Supreme Court Certified Question

The Texas Supreme Court denied a motion for rehearing in Umphress v. Steel, clarifying its previous ruling on a certified question from the Fifth Circuit. The court reiterated its 'no' answer regarding whether judges can refuse to perform same-sex weddings for religious reasons while still performing opposite-sex weddings.