Author: Stephen Howard
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Rule 702 – Testimony by Experts
Rule 702 provides that a witness can qualify as an expert based on “knowledge, skill, experience, training, or education.” A PhD degree is not required.
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State v. Abonza, 2025 UT App 101 – Decision
The decision in Abonza addressed the inevitable discovery doctrine under Fourth Amendment protections of the United States Constitution. The issue was not raised or argued under the Utah State Constitution…
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Rule 48 – Time for Petitioning (Certiorari)
Time Limits & Deadlines for Filing a Petition for Writ of Certiorari This rule sets critical dates and deadlines that defense attorneys must keep in mind when considering options relating…
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Death Penalty Mitigation
The pdf is based on a training presentation given at Stone River Law in June, 2024. Materials contain summaries and overviews, and should not be taken as a complete statement…
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State v. Qayum, 2025 UT App 178
The Utah Court of Appeals has affirmed a conviction for enticing a minor in State v. Qayum, a case that arose from an online sting operation. In doing so, the…
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Should I talk to police after I am detained?
Police want to ask me questions. What should I do? Best Answer: Talking to police only after you have consulted with a good criminal defense attorney is usually the best…