The Double Jeopardy Clause of the Fifth Amendment provides that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.” This protection operates in three distinct ways — each with its…
The jury instructions are the law of the case. They tell the jury what must be proven, what legal standards apply, and what findings justify a verdict. When those instructions are wrong — when they omit required elements, define terms…
The Sixth Amendment guarantees the right to the assistance of counsel in all criminal prosecutions. Gideon v. Wainwright, 372 U.S. 335 (1963), established that this right — and the obligation to appoint counsel for those who cannot afford it —…
The Fifth Amendment to the United States Constitution protects criminal defendants against compelled self-incrimination. In the criminal appeals context, this protection generates two major categories of issues: challenges to the adequacy of Miranda warnings and the voluntariness of post-warning statements,…
Evidence obtained through an unlawful search or seizure generally cannot be used against a defendant in a criminal prosecution. When the police searched without a valid warrant, conducted a stop without reasonable suspicion, or made an arrest without probable cause…
A direct appeal is not always available, and even when it is, it cannot address every problem with a conviction. Evidence discovered after trial cannot be introduced on direct appeal. Ineffective assistance claims that depend on evidence outside the record…
Lotus Appellate Law handles appeals throughout Utah, serving clients in all counties and courts across the state including:
