Utah’s highest court clarifies that speculative claims of prejudice cannot support dismissal for speedy trial violations absent extraordinary delay or intentional prosecutorial misconduct.
This case clarifies the substantial evidence standard for bail denials in Utah capital cases and addresses whether the State must disprove self-defense at bail hearings.
The Utah Supreme Court established that courts review the objective reasonableness of imminence beliefs for correctness in pretrial justification hearings and reversed a dismissal where the defendant’s belief that a student posed an imminent threat to others was unreasonable.
The Utah Supreme Court clarified that state law enforcement agencies may use electronic records lawfully obtained by federal officers without violating Utah’s Electronic Information or Data Privacy Act.
The Utah Supreme Court clarifies that rule 412 hearings are for legal argument on evidence already identified by the moving party, not for compelling victim testimony to discover or test evidence.
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.
Lotus Appellate Law handles appeals throughout Utah, serving clients in all counties and courts across the state including:
