Utah Habeas Corpus Law
<h2> <center> United States of America v. Cesar Aguayo-Montes </h2> </center>
Salt Lake City, Utah, criminal defense lawyer represented the Defendant charged with drug possession. Before Cesar Aguayo-Montes (Aguayo) pleaded guilty to a drug charge, he asked his attorney about the impact it would have on his immigration status. had lived in Colorado for as long as he could remember, so he was concerned about a line in the plea agreement warning that he “may” be remo... More...
$ (03-19-2026 - UT)Antoine Johnson v. United States of America
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:<br> <br> (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)Paul Wach v. State of Utah, et al.
<h2><br> Salt Lake City, Utah civil Rights lawyer represented the Plaintiff seeking habeas corpus.<br> </h2><br> The Utah Board of Pardons and Parole revoked Paul Wach's parole and decided not to release him for several years. Mr. Wach challenged the Board's decision in a 28 U.S.C. § 2241 application, and he now seeks to appeal the district court's dismissal of that application. But he has rece... More...
$0 (12-05-2024 - UT)Conrad Truman v. Orem City, et al. </h1>
Conrad Truman sued state prosecutor Craig Johnson and various Orem City<br> police officers for violating his civil rights by fabricating evidence that was used<br> against him in a murder prosecution. Mr. Truman was prosecuted twice for the<br> murder of his wife. According to Mr. Truman's complaint, the prosecution<br> knowingly falsified measurements of the murder scene to rule out the possibil... More...
$0 (06-04-2021 - UT)STATE OF UTAH v. MICHAEL WADDELL JOHNSON <table> <td>
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. ... More...
$0 (11-26-2017 - UT)Ryan Harvey v. Ute Indian Tribe of the Uintah and Quray Reservation, et al.
¶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.<br> ¶2 Ryan Harvey, a plaintiff and part own... More...
$0 (11-07-2017 - UT)Abby Tiscareno v. Lori Frasier
In November 2003, a child (N.M.) experienced a severe brain injury<br> that left him permanently disabled. Ms. Abby Tiscareno, N.M.'s daycare<br> provider at the time, was blamed for this injury and prosecuted for child<br> abuse. But after two trials, Ms. Tiscareno was acquitted.<br> Ms. Tiscareno and her husband, Mr. Gillermo Tiscareno, have<br> invoked 42 U.S.C. § 1983 against two of the def... More...
$0 (02-23-2015 - UT)Ralph Leroy Menzies v. State of Utah
¶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:<br> MENZIES v. STATE<br> Opinion of the Court<br> 2<br> two from direct appeals1 and one from a post-conviction appeal.2 In Mr. Menzies's first post-convicti... More...
$0 (09-23-2010 - UT)State of Utah v. Mitchell Edward Wolf
¶1 Mitchell Edward Wolf stood trial for charges that he stalked<br> and threatened his long-time partner and one of her co-workers.<br> Late at night after the first day of trial, Wolf shot himself in the<br> stomach. When he did not appear in court the next morning, the<br> trial court completed the trial in Wolf's absence. The jury convicted<br> Wolf on all charges. Wolf appeals. We hold that b... More...
$0 (01-24-2014 - UT)Charles Albert Warner v. Albert Heber Warner, Jr.
¶1 This appeal arises from litigation that has been ongoing for<br> more than fifteen years over a family trust. The Defendants Albert<br> "Skip†Heber Warner Jr. (Skip), Vernon S. Warner, and Valeen W.<br> Peterson (collectively, the Trustees) appeal from the district court's<br> order that certain trust property be removed from the trust. They<br> also challenge the court's decision to re... More...
$0 (01-24-2014 - UT)State of Utah v. Nathan Redcap
¶1 This case arises from a fight at the Utah State Prison.<br> Uncontroverted evidence at trial established that Defendant<br> Nathan Redcap, an inmate, stabbed an inmate named Wilson.<br> Redcap had surreptitiously remained out of his cell after he should<br> have returned to it. He shielded his torso with body armor<br> improvised from magazines and attached a shank to each hand.1<br> Redcap wa... More...
$0 (01-16-2014 - UT)State of Utah v. Michael Waddell Johnson
¶1 Michael Waddell Johnson appeals from a conviction of<br> murder, a first-degree felony, following a jury trial in March 2010.<br> We reverse and remand.<br> State v. Johnson<br> 2. "We relate the facts in the light most favorable to the jury's<br> verdict.†See State v. Litherland, 2000 UT 76, ¶ 2, 12 P.3d 92.<br> 20100393-CA 2 2014 UT App 161<br> BACKGROUND<br> ¶2 The deceased (Decede... More...
$0 (07-03-2014 - UT)Charles Albert Warner v. Albert Heber Warner, Jr.
¶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 require the Trustees t... More...
$0 (01-24-2014 - Ut)Charles Albert Warner v. Albert Heber Warner, Jr.
¶1 This appeal arises from litigation that has been ongoing for more than fifteen years over a family trust. The Defendants Albert<br><br>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 the ord... More...
$0 (09-19-2013 - UT)Carlos Vorher v. Honorable Stephen L. Henriod
¶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.†UTAH CODE § 76-3-405(1). Section 76-3-405(2)(b) provi... More...
$0 (02-22-2013 - UT)United States of America v. Patrick Merrill Brody
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.<br><br>Exercising jurisdiction under 28 U.S.C. § 1291, we A... More...
$0 (01-29-2013 - UT)United States of America v. Alfonso Moya-Breton
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 appea... More...
$0 (09-27-2011 - UT)Kang S. Park v. Gary B. Stanford
¶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 MARK ZARING v BLAKE DAVIS,* Warden, Federal Prison
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 ord... More...
$0 (06-13-2011 - UT)Jack C. Pelt, et al. v. State of Utah
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... More...
$0 (09-03-2008 - UT)Scott Ockey and Catherine Condas v. John Lehmer, Iron Mountain Alliance, Inc., et al.
1 This case arises from an intrafamilial struggle over the division of profits from the development of a 2700-acre ranch situated between the Park City Mountain Resort and The Canyons Resort in Summit County. Beginning in 1976, the ranch was held in various trusts established by members of the Condas family. <P> Scott Ockey ("Ockey"), one of the beneficiaries of the trusts, alleges that h... More...
$0 (06-24-2008 - UT)<a href="http://www.kscourts.org/ca10/cases/2006/11/04-4012.htm" target="_new">Sergio Alva; Luz Alva; Silvio Alva v. Teen Help, et al.</a>
<P> 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)<a hreff="http://www.kscourts.org/ca10/cases/2005/02/04-4080.htm" target="_new">Rajani K Kanth, as guardian of minor children Malini Kanth and Anjana Kanth,v. Bruce Lubeck, Judge, et al.</a>
<P> 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)<a href="http://www.kscourts.org/ca10/cases/2005/01/03-4280.htm" target="_new">Allan T. Cummings v. Gale Norton</a>
<P>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)<a href="http://www.utcourts.gov/opinions/supopin/hughes031204.htm" target="_new">Dwight Hughes and John Hughes v. Eva M. Cafferty and Joseph M. Hughes</a>
<P>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)<a href="http://courtlink.utcourts.gov/opinions/appopin/cafferty.htm" target="_new">Eva M. Cafferty, et al. v. Dwight Hughes, et al.</a>
1 This case involves a dispute among five siblings over the distribution of a trust created by their parents. The trial court ordered an equal distribution of the trust, subject to various offsets. This appeal and cross appeal followed. We affirm. <P>BACKGROUND<P>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)<a href="http://www.kscourts.org/ca10/cases/2002/01/01-4037.htm" target="_new">Edson Gardner v. Ute Tribal Court Chief Judge, et al.</a>
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)