Courts may deny bindover when witness testimony is so internally contradictory that it cannot support a reasonable inference regarding a defendant’s identity as the perpetrator.
Utah’s statutory double jeopardy protections have specific requirements for what constitutes a termination of prosecution, requiring that termination occur after a jury is impaneled or witness sworn.
Utah appellate courts will not find eyewitness testimony inherently improbable unless it is physically impossible or apparently false, even under challenging observation conditions.
This case clarifies that when an appellate court decision is reversed on a predicate procedural ground, any merit-based rulings dependent on that ground are necessarily vacated and lose precedential effect.
The Utah Supreme Court clarified the evidentiary requirements for defendants seeking pretrial dismissal under the justification statute.
Lotus Appellate Law handles appeals throughout Utah, serving clients in all counties and courts across the state including:
