Ineffective assistance of counsel (IAC) is among the most frequently raised grounds in Utah criminal appeals. It is also among the most procedurally unusual — because the evidence needed to prove an IAC claim is often not in the trial…
The standard of review is not a formality. It is the single most determinative factor in whether a criminal appeal succeeds — more predictive than the strength of the underlying legal argument, more important than the judge who hears it….
Most Utah criminal convictions result from guilty pleas, not trials. And yet the conventional wisdom — that a guilty plea ends all appellate options — is wrong. A guilty plea narrows the issues available on appeal dramatically, but it does…
In Brady v. Maryland, 373 U.S. 83 (1963), the United States Supreme Court held that the suppression by the prosecution of evidence favorable to an accused violates due process where the evidence is material to guilt or punishment — regardless…
A felony conviction produces a sentence within a statutory range. But that range is frequently increased — sometimes dramatically — by sentencing enhancements that add time based on the nature of the offense, the use of a weapon, the status…
Every Utah criminal appeal is a paper exercise. The Utah Court of Appeals does not hold new hearings, hear new witnesses, or consider evidence that was not part of the original trial proceedings. What the court reviews is the record…
Lotus Appellate Law handles appeals throughout Utah, serving clients in all counties and courts across the state including:
