Category: Criminal Defense
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Who Can Defend a Death Penalty Case in Utah?
Utah’s death penalty cases are rare, but when they do happen, the rules for who can defend them are strict. A capital case is unlike any other criminal case —…
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Aggravated Murder in Utah: What the Robinson Case Reveals About Utah State Law
Utah prosecutors have charged Tyler Robinson with aggravated murder in connection with the fatal shooting of Charlie Kirk at Utah Valley University. Investigators say Robinson planned the attack in advance,…
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Belnap v. Howard, 2019 UT 9
Only when the court finds ambiguity in a statute’s plain language, should the court look to legislative history and policy considerations in interpreting the statute.
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You’re Always Being Watched. Utah’s Privacy Laws Aren’t Keeping Up.
In Utah, someone is always watching. It might be your neighbor’s doorbell camera. A traffic sensor. A police drone. Or even your own phone, quietly logging your movements. Surveillance is…
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Two Men Arrested in Utah After an Incendiary Device Found Under News Vehicle
Salt Lake City, UT — Police arrested two men after finding an incendiary device under a parked news media vehicle in downtown Salt Lake City. The device had been lit…
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Why Utah Is Quietly Moving Away From the Death Penalty
Utah hasn’t officially abolished the death penalty. But in practice, the state is using it less and less. The reasons for that shift go beyond politics. The system itself is…
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State v. Diviney, 2021 UT App 106
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.
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Criminal Defense Requires Strategy, Not Just Presence
In criminal courtrooms across the country, and certainly here in Utah, it’s not uncommon to see attorneys standing beside their clients with little more than a file and a few…
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Monarrez v. Utah Dep’t of Transp., 2016 UT 10
In this appeal the Utah Supreme Court addressed how courts should interpret statutes and legislative intent behind statutes.
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Mitigation in Utah Criminal Defense: Beyond the Question of Guilt
When the public imagines a criminal case, they often reduce it to a single question: Did the defendant do it? Yet experienced criminal defense attorneys in Utah know the reality…
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White-Collar Crimes: Power, Profit and Deceit
“Money is a cruel mistress. Pay attention to her or she will leave you for someone else.”
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Strickland v. Washington, 466 U.S. 668 (1984)
What must be established in a claim of ineffective assistance of counsel in criminal cases?