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…
A felony conviction produces a sentence within a statutory range. But that range is frequently increased — sometimes dramatically — by sentencing enhancements that add time based on the nature of the offense, the use of a weapon, the status…
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…
A conviction appeal and a sentence appeal are two different things, operating under different standards, targeting different kinds of errors. A defendant who accepts that the jury’s verdict was fair and legally supportable may still have strong grounds to challenge…
Lotus Appellate Law handles appeals throughout Utah, serving clients in all counties and courts across the state including: