The Utah Supreme Court clarified when prosecutors may refile criminal charges after dismissal at preliminary hearing, requiring evidence of bad faith or intent to harass rather than automatic restrictions.
Utah’s Jury and Witness Act requires jurors to be selected from a single county, and parties cannot stipulate to waive this statutory requirement.
This decision clarifies that Utah’s general saving statute protects pending criminal prosecutions from abatement when the underlying criminal statute is repealed.
When appellate courts reverse restitution orders without express instructions, trial courts may hold new restitution hearings to fulfill their mandatory sentencing obligations.
The Utah Supreme Court clarified that evidence directly connected to charged crimes is intrinsic and not subject to rule 404(b) analysis.
The Utah Supreme Court clarified that defendants seeking pretrial dismissal based on justification must present actual evidence, not merely proffer facts, to establish each element of their defense claim.
Lotus Appellate Law handles appeals throughout Utah, serving clients in all counties and courts across the state including:
