When can appellate courts overturn termination of parental rights decisions?
Appellate courts must defer to juvenile courts’ best interest determinations in termination cases unless they are against the clear weight of evidence.
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Standard of Review
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Can trauma history support transferring a juvenile to adult court?
The Utah Supreme Court clarified that juvenile courts must take a holistic approach when analyzing transfer decisions, considering all circumstances surrounding qualifying offenses rather than limiting analysis to elements of specific charges.
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When do judgments confirming arbitration awards expire under Utah law?
The Court clarified when judgments entered pursuant to arbitration awards become final and appealable for purposes of the eight-year judgment expiration statute.
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Can Utah courts refuse duplicative jury instructions in self-defense cases?
This case clarifies that district courts have discretion to refuse duplicative jury instructions and establishes standards for evaluating ineffective assistance claims involving witness terminology and emotional evidence.
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Does denial of allocution automatically show prejudice under Utah’s plain error test?
Utah appellate courts cannot presume prejudice from denial of allocution rights because Utah’s indeterminate sentencing system gives trial judges much less discretion than federal courts.
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Must Utah judges decide statute of limitations issues in criminal cases?
Utah Code section 76-1-306 supersedes State v. Pierce and requires judges to personally decide statute of limitations issues in criminal cases using a preponderance standard.
Does Lotus Appellate Law handle appeals and appellate work in my Utah county or city?
we service every county in utah
Lotus Appellate Law handles appeals throughout Utah, serving clients in all counties and courts across the state including:
- Salt Lake County: Salt Lake City, West Valley City, Sandy, Draper, South Jordan
- Utah County: Provo, Orem, Lehi, Spanish Fork
- Davis County: Layton, Bountiful, Kaysville, Clearfield
- Weber County: Ogden, Roy, North Ogden, South Ogden
- Washington County: St. George, Hurricane, Washington, Ivins