The Utah Supreme Court has approved certain revisions to Rule 11 and Rule 22 of the Utah Rules of Appellate Procedure. The amendments affect the inclusion of exhibits in the record on appeal, access to sealed portions of the record on appeal, and motions for extension of time. These amendments take effect May 1, 2024. […]
Interlocutory Appeals in Utah Criminal Cases
An interlocutory appeal is one that is filed prior to a final judgment is entered. In most criminal cases, this will mean filing a petition for permission to appeal an order entered prior to either the trial court’s sentencing order or an order dismissing the case. Permission to appeal an interlocutory order is not automatically […]
General Intent or Specific Intent in Utah Criminal Cases
The terms “general intent” and “specific intent” are used commonly in discussing the mens rea (mental state) elements of various crimes. The terminology has a long history in American courts and English common law can be useful in informal discussions. As a defense attorney, keep in mind that Utah law no longer makes use of […]
Attorney Resources – Utah Criminal Defense
The resources and guides provided here are intended for use by criminal defense attorneys practicing in Utah’s district courts and justice courts, to broaden their knowledge base and improve legal strategy in Utah defense cases. These materials should be considered in context of relevant procedural rules, appellate case opinions, statutes, and constitutional protections – both […]
Utah Code 76-3-402 – Amended 2023
House Bill 174 made significant changes to Utah Code section 76-3-402 affect individual eligibility for a reduction in the level and severity of a criminal conviction. Defense attorneys should look carefully at these revisions and additions in determining how best to use these changes to assist their clients. The 2023 bill includes: Key benefits of […]
Collateral Consequences in Utah Criminal Cases
Focusing on the immediate and direct consequences that are possible when a criminal sentencing hearing is approaching is important. However, collateral consequences of a criminal conviction in Utah can extend long after a sentencing hearing is completed and even after jail time is served or probation has been completed. Defense attorneys should pay particular attention […]
Discovery Demands in Utah Criminal Cases
“Discovery” refers to evidence, information, and other materials that are exchanged between the parties in a pending court case. Discovery in Utah criminal cases is governed by procedural rules, statutes, and important constitutional principles of due process. Constitutional Foundations for Required Discovery A person charged with a crime is has the guarantee of several important […]
Property Damage and Criminal Mischief
In 2023, the Legislature enacted a new section of the Utah Code – section 76-6-106.1 governing the crime of “property damage or destruction.” This new section does not create a new crime, per se, but instead separates the offense constituting property damage from the more broadly-defined offense of “criminal mischief” under section 106. Criminal Mischief […]
Limited Appearances in Utah Criminal Cases
Rule 75 of the Utah Rules of Civil Procedure governs the filing of a “limited” appearance of counsel, even in criminal cases. Because there is no relevant rule of criminal procedure rule addressing limited appearances, the civil rule applies. See Utah R. Civ. Pro. 81(e). Can a defense attorney file a “limited” appearance of counsel […]
Utah DUI Defense – Resources & Tools
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