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…
The PCRA evidentiary hearing is the moment in post-conviction proceedings when the theoretical becomes factual. Where a direct appeal reviews a cold paper record, an evidentiary hearing is a live proceeding — witnesses testify, evidence is introduced, attorneys examine and…
Most Utah criminal convictions result from guilty pleas, not trials. And while a knowing and voluntary guilty plea waives most constitutional challenges to the underlying proceedings, it does not permanently foreclose all legal challenges. When the plea itself was defective…
Ineffective assistance of trial counsel and ineffective assistance of appellate counsel are both cognizable claims under the Sixth Amendment and under Utah’s PCRA — but they operate through entirely different procedural vehicles. Trial IAC can be raised on direct appeal…
The procedural bar is the most significant limitation on Utah PCRA petitions — and the one that catches petitioners most off guard. Under Utah Code § 78B-9-106, the PCRA cannot grant relief on any claim that was raised and adjudicated…
The first and broadest ground for PCRA relief under Utah Code § 78B-9-104(1)(a) is a conviction or sentence that violated the United States Constitution or the Utah Constitution. In theory, any constitutional violation that infected the trial or sentencing —…
Most post-conviction relief proceedings in Utah are subject to a strict one-year filing deadline. DNA testing petitions are the exception. Under Utah Code § 78B-9-301, an individual convicted of a felony may file a petition for post-conviction DNA testing at…
Lotus Appellate Law handles appeals throughout Utah, serving clients in all counties and courts across the state including: