Prosecutorial Misconduct | Court Decisions

Appellate Case Insight

Opinions &

Analysis

A practitioner’s guide to recent appellate decisions at the Utah Supreme Court and Utah Court of Appeals with focused commentary on what matters to litigators. Covers periods from 1997-Present

Utah Appellate Courts ⎹

Civil ̇ Criminal ̇ Administrative

Appellate Case Insight

Opinions &

Analysis

Utah Appellate Courts ⎹

Civil ̇ Criminal ̇ Administrative

Prosecutorial Misconduct

Return to Opinions

filter by

1-4 of 4 results

Utah Court of Appeals

Can prosecutors comment on a defendant’s failure to share his story with police?

State v. Fairbourn

August 24, 2017

The court clarified that prosecutorial misconduct claims on appeal review the trial court’s failure to intervene, not the prosecutor’s conduct directly.

Criminal Appeals

Read More
Utah Court of Appeals

When do multiple trial errors require reversal in Utah criminal appeals?

State v. Davis

September 19, 2013

This decision demonstrates how Utah courts apply cumulative error analysis when multiple trial errors occur but individually lack sufficient prejudice to warrant reversal.

Criminal Appeals

Read More
Utah Supreme Court

Can behavioral change testimony in child sexual abuse cases constitute prosecutorial misconduct?

State v. Pritchett

May 13, 2003

This case clarifies the proper use of preliminary hearing transcripts to refresh child victim memory and establishes that behavioral change evidence does not constitute improper bolstering.

Criminal Appeals

Read More
Utah Supreme Court

When can prosecutors refile criminal charges after dismissal?

State v. Labrum

May 1, 2025

The Utah Supreme Court clarified when prosecutors may refile criminal charges after dismissal at preliminary hearing, requiring evidence of bad faith or intent to harass rather than automatic restrictions.

Civil Appeals
|
Criminal Appeals

Read More

Does Lotus Appellate Law handle appeals and appellate work in my Utah county or city?

we service every county in utah

Lotus Appellate Law handles appeals throughout Utah, serving clients in all counties and courts across the state including:

Salt Lake County: Salt Lake City, West Valley City, Sandy, Draper, South Jordan
Utah County: Provo, Orem, Lehi, Spanish Fork
Davis County: Layton, Bountiful, Kaysville, Clearfield
Weber County: Ogden, Roy, North Ogden, South Ogden
Washington County: St. George, Hurricane, Washington, Ivins

your appeal deserves expertise, not chance

Trust Lotus Appellate Law – Utah’s Premier Appellate Law Firm to Fight for Your Best possible Outcome

Schedule a Call