by Megan Fowles | Oct 31, 2025 | Criminal Defense, Utah Appellate Court Opinions
What Happened in State v. Smith? Jamison Smith was charged in 2022 with 33 counts of felony sexual abuse. Two of those charges involved his sister, C.R., who said Smith abused her between 1988 and 1990. Smith asked the court to dismiss those two charges, arguing they...
by Megan Fowles | Oct 27, 2025 | Utah Appellate Court Opinions
The Utah Court of Appeals has reversed the convictions of Michael Charles Mclain, who had been convicted on five counts of child sexual abuse, including three counts of rape of a child and one count of attempted rape of a child. The reversal was based on the district...
by Megan Fowles | Oct 20, 2025 | Criminal Defense, Utah Appellate Court Opinions
The Case Eddie Clegg was walking along the shoulder of 20th Street in Ogden after police had impounded his motorhome and truck earlier that day. He told officers he felt like he had “lost everything.” Police received reports of a man “acting...
by Tyson Udy | Oct 17, 2025 | Criminal Defense, Utah Appellate Court Opinions
What Happened A Cedar City woman, Jennifer McCraw, got into an argument with her girlfriend in their home. During the fight, she threw a few plates, breaking them on the floor while her girlfriend’s young child watched. Police charged her with criminal mischief...
by Benjamin Keller | Sep 10, 2025 | Utah Appellate Court Opinions
This appeal involved multiple issues, including the claim that the trial court improperly denied a motion for directed verdict. The Court discussed the proper standard of review for this issue. Facts Diviney was charged with multiple crimes relating to his repeated...
by Megan Fowles | Jul 23, 2025 | Utah Appellate Court Opinions
The case turned on a common but often misunderstood concept—the inevitable discovery exception to the exclusionary rule. The State tried to stretch that rule too far. The court said no. What Happened? Police pulled over a car for a turn signal violation. The driver...
