Drug offenses represent a substantial portion of Utah criminal convictions — and drug cases generate some of the most frequently successful PCRA claims in the state. The intersection of Fourth Amendment search and seizure law (which governs most drug evidence),…
One of the most common questions families and defendants ask when exploring post-conviction relief is: how long will this take? The honest answer is that timelines vary dramatically depending on the complexity of the claims, the stage at which the…
After a first PCRA petition is denied — whether at summary dismissal or after a full evidentiary hearing — one of the first questions petitioners and their families ask is: can we file another one? The short answer is that…
Summary dismissal is the most common outcome for PCRA petitions in Utah. The district court reviews the petition, concludes that it fails to meet the legal standard for a hearing, and dismisses it — without requiring the State to respond,…
Not every PCRA petition seeks to overturn a conviction. Many of the most compelling post-conviction situations involve a conviction that may be legally sound but a sentence that is not — an illegal sentence, a sentence imposed in violation of…
When Utah’s state post-conviction proceedings have been exhausted — when the PCRA petition has been decided and the state appeals have concluded — one more avenue may remain: a federal habeas corpus petition filed in the United States District Court…
Lotus Appellate Law handles appeals throughout Utah, serving clients in all counties and courts across the state including:
