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State v. Mason - Criminal Sentencing Appeal
The Minnesota Court of Appeals reversed and remanded a district court's sentencing decision for Paul Lewis Mason. The appellate court found the district court abused its discretion by imposing a downward durational departure in sentencing for felony threats of violence. The case is remanded for resentencing.
Krystal Drift v. Sean Swapinski - Harassment Restraining Order Affirmed
The Minnesota Court of Appeals affirmed a harassment restraining order (HRO) against Sean Swapinski, finding the district court did not err in admitting evidence or in its factual findings. The HRO prohibits Swapinski from contacting Krystal Drift or coming within 25 feet of her home for two years.
Arreola v. State of Iowa - Postconviction Relief Application Dismissal
The Iowa Court of Appeals affirmed the dismissal of Jan De Jesus Coronel Arreola's application for postconviction relief and petition for writ of habeas corpus. The court found no error in the district court's decision.
Washington v. State of Iowa - Postconviction Relief Appeal
The Iowa Court of Appeals affirmed the denial of Bobby Ray Washington's application for postconviction relief. The court found that Washington's ineffective-assistance-of-counsel claim was not preserved and that he failed to prove actual innocence.
Dormire v. State of Iowa - Sexual Abuse Conviction Affirmed
The Iowa Court of Appeals affirmed a lower court's denial of postconviction relief for Caleb Dormire, who was convicted of sexual abuse in the second degree. The court found no merit in Dormire's arguments regarding ineffective trial counsel and newly discovered evidence.
Barnhardt v. State of Iowa - Appeal of Postconviction Relief Denial
The Iowa Court of Appeals affirmed the denial of Ryan Barnhardt's application for postconviction relief concerning his convictions for sexual abuse. Barnhardt alleged ineffective assistance of appellate counsel, but the court found no breach of duty.
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.
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.
State v. Blackwing - Utah Supreme Court Opinion
The Utah Supreme Court issued an opinion in State v. Blackwing, addressing the admissibility of evidence in a criminal case. The court held that evidence intrinsic to a charged crime is not subject to rule 404(b) regarding other acts evidence, reversing in part a lower court's decision.
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