The court clarified that toxicology reports containing unexplained toxicity threshold information can mislead juries in DUI cases where no per se chemical test standard exists.
This case demonstrates that ineffective assistance claims fail without showing prejudice, even when counsel’s tactical decisions regarding prior convictions may be questionable.
The court clarified when the presumption of prejudice applies to unauthorized jury contact, holding that off-the-record communications with jurors trigger heightened scrutiny regardless of whether they occur inside or outside the courtroom.
The Court of Appeals affirmed termination of parental rights despite expert testimony about transracial adoption concerns, emphasizing that courts may weigh expert testimony against other evidence in making individualized best interest determinations.
Utah appellate courts will not dismiss fraud claims as a matter of law merely because a contract contains “as-is” warranty disclaimers when there is evidence the buyer reasonably relied on seller’s specific representations about the vehicle’s condition.
The Utah Court of Appeals affirmed that trash pull evidence combined with basic surveillance observations can establish probable cause for a home search warrant even with a two-week delay before execution.
Lotus Appellate Law handles appeals throughout Utah, serving clients in all counties and courts across the state including:
