One of the most significant practical limitations of Utah post-conviction relief is that there is no general right to appointed counsel in PCRA proceedings. Unlike the Sixth Amendment right to counsel that applies at trial and on the first direct…
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…
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 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…
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…
Most people who have been convicted of a crime in Utah know about the right to appeal. What fewer people understand is that when a direct appeal has concluded — or when it was never filed — there may still…
A criminal conviction is not necessarily permanent. If the trial court made a legal error — in admitting evidence, in instructing the jury, in calculating a sentence — the Utah Court of Appeals or Utah Supreme Court has the authority…
Receiving a motion for summary judgment can feel like the other side is holding all the cards. Their brief makes the case look airtight. Their statement of undisputed facts is long, cited to the record at every turn, and tells…
Lotus Appellate Law handles appeals throughout Utah, serving clients in all counties and courts across the state including: