Salt Lake City, Utah criminal defense lawyers represented the Plaintiff seeking the vacation of a sentenced pursuant to 28 U.S.C. 2255, which provides:

(a) A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the c... More...    $0 (07-10-2025 - UT)

Conrad Truman sued state prosecutor Craig Johnson and various Orem City
police officers for violating his civil rights by fabricating evidence that was used
against him in a murder prosecution. Mr. Truman was prosecuted twice for the
murder of his wife. According to Mr. Truman’s complaint, the prosecution
knowingly falsified measurements of the murder scene to rule out the possib... More...    $0 (06-04-2021 - UT)

Michael Johnson was charged and tried for murder. At trial, Mr. Johnson requested an instruction for the lesser offense of homicide by assault. The trial court agreed and stated on the record that it would use the homicide by assault instruction submitted by Mr. Johnson. ¶3 The jury returned a guilty verdict on the murder charge, and Mr. Johnson appealed his conviction to the court of appeals. H... More...    $0 (11-26-2017 - UT)

¶1 The oil and gas industry is a major economic force in the Uintah Basin. This industry relies, to some extent, on access to the Uintah and Ouray Reservation of the Ute Indian Tribe. The plaintiffs allege that, through its ability to restrict the industry’s access to tribal lands, the tribe has held hostage the economy of the non-Indian population.
¶2 Ryan Harvey, a plaintiff and part owner o... More...    $0 (11-07-2017 - UT)

In November 2003, a child (N.M.) experienced a severe brain injury
that left him permanently disabled. Ms. Abby Tiscareno, N.M.’s daycare
provider at the time, was blamed for this injury and prosecuted for child
abuse. But after two trials, Ms. Tiscareno was acquitted.
Ms. Tiscareno and her husband, Mr. Gillermo Tiscareno, have
invoked 42 U.S.C. § 1983 against two of the def... More...    $0 (02-23-2015 - UT)

¶1 Nearly twenty-six years ago, a jury convicted Ralph Leroy Menzies of the first degree murder of Maurine Hunsaker. At sentencing, Judge Raymond Uno imposed the death penalty. Since then, we have issued three opinions in Mr. Menzies‘s case:
MENZIES v. STATE
Opinion of the Court
2
two from direct appeals1 and one from a post-conviction appeal.2 In Mr. Menzies‘s first post-conv... More...    $0 (09-23-2010 - UT)

¶1 Mitchell Edward Wolf stood trial for charges that he stalked
and threatened his long-time partner and one of her co-workers.
Late at night after the first day of trial, Wolf shot himself in the
stomach. When he did not appear in court the next morning, the
trial court completed the trial in Wolf’s absence. The jury convicted
Wolf on all charges. Wolf appeals. We hold that... More...    $0 (01-24-2014 - UT)

¶1 This appeal arises from litigation that has been ongoing for
more than fifteen years over a family trust. The Defendants Albert
“Skip� Heber Warner Jr. (Skip), Vernon S. Warner, and Valeen W.
Peterson (collectively, the Trustees) appeal from the district court’s
order that certain trust property be removed from the trust. They
also challenge the court’s decision to ... More...    $0 (01-24-2014 - UT)

¶1 This case arises from a fight at the Utah State Prison.
Uncontroverted evidence at trial established that Defendant
Nathan Redcap, an inmate, stabbed an inmate named Wilson.
Redcap had surreptitiously remained out of his cell after he should
have returned to it. He shielded his torso with body armor
improvised from magazines and attached a shank to each hand.1
Redcap wa... More...    $0 (01-16-2014 - UT)

¶1 Michael Waddell Johnson appeals from a conviction of
murder, a first-degree felony, following a jury trial in March 2010.
We reverse and remand.
State v. Johnson
2. “We relate the facts in the light most favorable to the jury’s
verdict.� See State v. Litherland, 2000 UT 76, ¶ 2, 12 P.3d 92.
20100393-CA 2 2014 UT App 161
BACKGROUND
¶2 The deceased (Decede... More...    $0 (07-03-2014 - UT)

¶1 This appeal arises from litigation that has been ongoing for more than fifteen years over a family trust. The Defendants Albert “Skipâ€� Heber Warner Jr. (Skip), Vernon S. Warner, and Valeen W. Peterson (collectively, the Trustees) appeal from the district court’s order that certain trust property be removed from the trust. They also challenge the court’s decision to require the Trustees... More...    $0 (01-24-2014 - Ut)

¶1 This appeal arises from litigation that has been ongoing for more than fifteen years over a family trust. The Defendants Albert

1. Judge Roger S. Dutson granted the Defendants’ summary judgment motion and denied the Plaintiffs’ first two motions to amend. Judge W. Brent West denied the Plaintiffs’ third motion to amend, granted the relief requested by the Plaintiffs, and entered t... More...    $0 (09-19-2013 - UT)

¶1 At issue in this case is whether Utah Code section 76-3- 405(2)(b) applies to appeals from justice court convictions. Under section 405(1), “[w]here a conviction or sentence has been set aside on direct review . . . , the court shall not impose a new sentence for the same offense . . . which is more severe than the prior sentence.â€� UTAH CODE § 76-3-405(1). Section 76-3-405(2)(b) provides ... More...    $0 (02-22-2013 - UT)

Patrick Merrill Brody was convicted, after a jury trial, of willful failure to file a tax return, in violation of 26 U.S.C. § 7203. Brody was sentenced to ten months’ imprisonment and filed this appeal challenging both his conviction and sentence. The charges and conviction stemmed from Brody’s failure to file a tax return for 2001.

Exercising jurisdiction under 28 U.S.C. § 1291, we A... More...    $0 (01-29-2013 - UT)

Defendant Alfonso Moya-Breton filed a motion for relief under 28 U.S.C. § 2255 in the United States District Court for the District of Utah, claiming that he had received ineffective assistance of trial and appellate counsel. The court denied the motion and Defendant’s request for a certificate of appealability (COA) to appeal the denial. See 28 U.S.C. § 2253(c)(1)(B) (requiring COA to appeal ... More...    $0 (09-27-2011 - UT)

¶1 This appeal concerns the application of payments made in connection with a real estate transaction between Dr. Gary B. Stanford and Kang and Marsha Park. The court of appeals held that payments submitted to the Parks could not be credited toward a personal guaranty Dr. Stanford had made on a note payable to the Parks. Noting that this appeal presents an issue of first impression, we disagree w... More...    $0 (07-22-2011 - UT)

Jeffrey Zaring, a federal prisoner proceeding pro se, appeals the denial of his 28 U.S.C. § 2241 petition. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm. * Pursuant to Fed. R. App. P. 43(c)(2), Davis is substituted for former warden Ron Wiley. ** The case is unanimously ordered submitted without oral argument pursuant to Fed. R. App. P. 34(a)(2) and 10th Cir. R. 34.1(G). This order a... More...    $0 (06-13-2011 - UT)

This appeal involves an oil and gas royalty fund that the State of Utah (“Utahâ€�) is required to administer for the benefit of members of the Navajo Nation living in San Juan County, Utah. In this class action, beneficiaries of the Navajo Trust Fund (the “Beneficiariesâ€�) seek a fiduciary accounting of trust fund activities from Utah. In proceedings below, Utah unsuccessfully argued that all... More...    $0 (09-03-2008 - UT)

Scott Ockey ("Ockey"), one of the beneficiaries of the trusts, alleges that h... More...    $0 (06-24-2008 - UT)

Plaintiffs Sergio Alva and his parents, Luz and Silvio Alva, appeal from the district court's grant of summary judgment to Defendants Teen Help, World Wide Association of Speciality Programs, R&B Billing, Dixie Contract Services, Robert Lichfield, Karr Farnsworth and Brent Facer (Defendants).(1) Because Plaintiffs' notice of appeal is untimely, we dismiss this appeal for lack of jurisdiction. ... More...    $0 (11-29-2006 - UT)

Plaintiff Rajani K. Kanth, appearing pro se, appeals the district court's order dismissing his complaint alleging that his civil rights were violated during the course of his Utah state divorce proceedings.(1) Mr. Kanth's complaint requested the federal court to assume jurisdiction over the state divorce proceedings, to dismiss the Utah divorce decree, and restore to him full custodial and ... More...    $0 (02-22-2005 - UT)

The National Park Service ("Park Service") terminated Plaintiff-Appellant Allan T. Cummings's employment as a park ranger for making a series of misrepresentations on his employment applications. Mr. Cummings brought numerous discrimination claims in the District Court, including a failure to accommodate claim and a wrongful termination claim under the Rehabilitation Act of 1973. The District C... More...    $0 (01-04-2005 - UT)

1 In this case, we address the issue of when a court, sitting in equity, may award attorney fees to a beneficiary who sues a trustee for breach of trust. The trial court found that petitioners Joseph Hughes and Eva M. Cafferty ("Joe" and "Rikki") breached family trust agreements by wrongfully assuming the roles of trustees, improperly excluding their siblings from trust management, failing to r... More...    $0 (03-18-2004 - UT)

2 In 1974, McClure Hughes and his wife Helen Hughes, the parents of the litigants in this action, created a trust (1974 Trust). The 1974... More...    $0 (04-11-2002 - UT)

Plaintiff filed a series of pleadings in the district court. In February 2000, he attempted to file documents entitled "Extraordinary Writ and Mandamus" and "Amendment Extraordinary Writ and Mandamus." In these documents, plaintiff alleged that he, a mixed-blood Uintah Indian, holds a possessory interest in the Uintah Valley in Utah based on an 1861 treaty, and that the Ute Tribe was wrongfully po... More...    $0 (01-28-2002 - UT)