Brady v. Maryland, 373 U.S. 83 (1963), established a constitutional rule: the prosecution must disclose evidence favorable to the defendant when that evidence is material to guilt or punishment. When prosecutors violate that rule — hiding exculpatory evidence, failing to…
Actual innocence is the most powerful — and the most demanding — ground for post-conviction relief in Utah. Unlike other PCRA grounds, which ask whether legal procedures were followed correctly or whether counsel performed competently, an actual innocence claim asks…
Evidence that did not exist at trial — or that the defense could not have found with reasonable diligence — can support a post-conviction relief petition even years after conviction. This ground for PCRA relief, codified at Utah Code §…
Ineffective assistance of trial counsel is the most frequently raised ground for post-conviction relief in Utah — and the one for which the PCRA’s evidentiary hearing process is most valuable. Unlike a direct appeal, which is confined to the trial…
The most consequential procedural requirement in Utah post-conviction practice is not the content of the petition — it is the filing deadline. Under Utah Code § 78B-9-107, a PCRA petition must be filed within one year of the applicable triggering…
Filing a post-conviction relief petition under Utah’s Post-Conviction Remedies Act is not as simple as writing a letter to the court explaining why the conviction was wrong. The PCRA has specific content requirements, procedural rules, and strategic demands that determine…
Lotus Appellate Law handles appeals throughout Utah, serving clients in all counties and courts across the state including:
