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Case Citations [1] (July 2017 through April 2018)

handle is hein.ali/relwdmts0036 and id is 1 raw text is: JUDGMENTS CHAPTER 2. VALIDITY OF JUDGMENTS TOPIC 2. EFFECTS OF INVALIDITY OF JUDGMENT § 11. Collateral Attack Utah App.2017. Com. (a) quot. in disc. Following his guilty plea and sentencing for aggravated murder, defendant filed a motion seeking to reinstate the time to directly appeal his murder conviction. The trial court denied the motion. Affirming, this court determined that it lacked jurisdiction to consider defendant's plea withdrawal request and that defendant was not entitled to reinstatement of time to appeal his sentence. The court noted that plaintiff s allegation that he had ineffective assistance of counsel during the plea phase of the criminal case was a collateral attack, under Restatement of Judgments § 11, Comment a, and thus, the specific relief requested, here, was barred by a previous decision by the state supreme court in a post-conviction proceeding that addressed the merits of this issue. State v. Nicholls, 397 P.3d 709, 721. CHAPTER 3. FORMER ADJUDICATION TOPIC 2. PERSONAL JUDGMENTS TITLE E. EFFECT ON OTHER CAUSES OF ACTION-COLLATERAL ESTOPPEL § 69. Effect of Appeal or Inability to Appeal D.S.D.2017. Com. (b) cit. in sup. Chapter 7 debtors brought an adversary proceeding against creditor, alleging that the debt creditor sought to collect against them in a state-court action between the parties had been discharged. The bankruptcy court held creditor in contempt and imposed sanctions against it. Affirming, this court held that the bankruptcy court's decision to impose sanctions was not barred by issue preclusion arising from the bankruptcy court's alternative decision that debtors failed to state a claim against creditor. The court reasoned, in part, that the alternative decision was not entitled to preclusive effect under Restatement of Judgments § 69, because the bankruptcy appellate court declined to consider it on appeal and affirmed on abstention grounds only. First State Bank of Roscoe v. Stabler, 247 F.Supp.3d 1034, 1047-1048. CHAPTER 4. EFFECT OF JUDGMENTS WITH REFERENCE TO PERSONS TOPIC 1. PARTIES AND PRIVIES Aa I m For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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