by Benjamin Keller | Jul 23, 2024 | Utah Appellate Court Opinions
Facts In September, 2015 a grandmother did not arrive to pick up her eight-year old grandson from school despite previously always arriving on time to pick up the child. The school contacted the police after several hours, who sent officers to the grandmother’s last...
by Benjamin Keller | Jul 16, 2024 | Utah Appellate Court Opinions
Facts of the Case In 2021, Defendant was charged with sex offenses involving a child that allegedly took place in 1996 or 1997 when Defendant was 22 years old. Defendant filed a motion to dismiss the charges, arguing that the statute of limitations should have started...
by Benjamin Keller | Jun 25, 2024 | Utah Appellate Court Opinions
Facts: In 2020 Sergio Correa was stopped by a police officer, leading to the discovery that Correa did not have a valid driver license as well as being under the influence of drugs and in possession of drugs/paraphernalia. Prior to the stop, the officer had begun...
by Stone River Law | Feb 13, 2024 | Utah Appellate Court Opinions
The Utah Court of Appeals addressed two related issues in this appeal from a conviction for possession of drug paraphernalia. These issues included: whether the trial court committed plain error when it read an elements instruction to the jury that informed the jury...
by Stone River Law | Nov 20, 2023 | Utah Appellate Court Opinions
In State v. Ruiz, the Utah Court of Appeals addressed Fourth Amendment issues relating to the use of a drug detection canine (K9) to conduct a search of a vehicle during a traffic stop. The district court had denied the defense motion to suppress. The defendant...
by Stone River Law | Nov 19, 2023 | Utah Appellate Court Opinions
The Utah Supreme Court provided an analysis of Fourth Amendment search and seizures issues in the case of State v. Smith, 2022 UT 13. The opinion provides a number of points and clarifications that can be very helpful to defense counsel in challenging police search...
