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 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 —…
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…
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…
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 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: