Utah State Criminal Appeals ‐ Making a case for reversal in your darkest hour

Considering a criminal appeal in a Utah appellate court? Trial attorneys may not be enough. Appellate law is a unique legal arena, requiring a specialized approach. At Lotus Appellate Law, we focus exclusively on navigating the complexities of Utah criminal appeals with precision, skill, and a commitment to achieving justice for you.

Justice may still be within reach — Contact Lotus Appellate Law to discuss your appeal.

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Understanding the Criminal Appeals process

Navigating the Complex Appellate Process in Utah

The criminal appellate process in Utah is complex, with distinct rules and procedures that differ significantly from trial court rules. Review our complete Utah Rules of Appellate Procedure filing deadline timeline to understand the deadlines and procedural requirements governing your criminal appeal, or reach out to us today to discuss how Lotus Appellate Law can help you navigate the process.

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East Entrance of the Utah State Capitol Building in Salt Lake City, Utah, USA
pencil drawing of a court of appeals hearing a criminal case
Court of appeals judges sit in session.

How do I get my Conviction reversed?

Getting a criminal conviction reversed is no easy task. Appeals are costly, and up to 90+% of criminal appeals in Utah are not ultimately reversed. But in serious cases where your freedom and good name are on the line, it may be worth it to try. 

After a trial, many families have very little fight left in them. To stay in the game, you will need an appellate attorney who has the expertise to guide your team, to take the lead, and to push that rock up that hill for you.

We can help. In the appellate arena, trial expertise is not enough. Our attorneys are some of the most experienced criminal appellate attorneys in the state. And you need experience. Appellate law is a unique legal arena requiring a special understanding of all of the appellate procedural rules–as well as criminal law. At Lotus Appellate Law, we focus on navigating the complexities of Utah criminal appeals with precision, empathy, and a commitment to justice.

Why experience matters

The appellate process in Utah is intricate, involving different rules and procedures than those used in district courts. At Lotus Appellate Law, we understand that appealing a case can be exhausting and overwhelming, and the likelihood of success for your appeal often hinges on expertise in the nuances of appellate procedure and spotting issues that are reversible. It is crucial to work with a firm that specializes in appeals and understands the process forward and backward.

Choosing Lotus Appellate Law means placing your trust in a team that dedicates its practice exclusively to appellate cases. Our focus allows us to stay up-to-date on the latest developments in Utah appellate and criminal law. We have the insight to identify potential issues and leverage those to your advantage, increasing your chances of a favorable outcome.

Keep in mind that an appellate court will not review the record in your case. Appellate records frequently span anywhere from 900 to 2,000 pages. These records are simply too long for appellate judges to read front to back. So reading the record and identifying areas for judicial review is your appellate attorney’s job. Without your appellate attorney’s keen insight into what issues are even possible to raise before the appellate court and how to raise them persuasively, your appeal might not stand a chance. You need someone you can trust to do the heavy lifting and deep thinking–making it easy for the judges to rule in your favor.

Understanding the complexity of appeals

Okay, so what exactly is an appeal?

It is important to understand that an appeal is not a redo of your trial; it’s an entirely different stage of litigation that focuses on reviewing legal errors made in the trial court. Unlike district courts, which assess evidence and witness credibility, appellate courts review the trial court’s judgments for mistakes in its application of the law as it stands to the facts of the case.

This shift in focus means the rules of engagement change significantly. For example, on appeal you cannot bring new evidence to light, and you cannot make arguments you failed to make in the district court. As well, an appellate court may affirm for any reason apparent on the record, including if a party fails to attack every rationale for a district court’s holding.

In Utah, the state appellate courts have their own set of procedural rules that differ from the district courts. The requirements for filing a notice of appeal, preparing briefs, and presenting oral arguments are governed by these unique rules. The Utah Court of Appeals and the Utah Supreme Court have strict timelines and technical requirements that must be met to avoid having your appeal dismissed. A failure to meet deadlines can be a jurisdictional bar to filing your appeal.

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lawyers working around a table
Lawyers working on an appellate case.

Why Appellate Attorneys are Necessary to Appeals

The role of an appellate attorney is vastly different from that of a trial attorney. Appellate attorneys should be expert legal researchers as well as expert legal writers. They must possess a deep knowledge of appellate procedure and the underlying substantive law of the case, be skilled in persuasive legal writing, and have the wisdom to craft 50-60 page legal documents without exhausting the judges who read them.

Identifying and arguing these points effectively requires an appellate attorney who knows what to look for and how to present these errors persuasively in briefs and during oral arguments. Appellate clerkships train appellate attorneys to think like a judge, write like a judge, and reason like a judge. There is no substitute for that experience.

Given the complexity and highly specialized–and high stress, emotionally exhausting–nature of criminal appeals, it is crucial to have experience by your side. Our attorneys have filed, mooted, or helped draft literally hundreds of briefs in the Utah appellate courts.

Lotus Appellate Law’s attorneys focus exclusively on appellate work so there is no guessing involved. We know the procedural traps that can derail an appeal–for example, inadequate briefing, arguing the wrong standard of review, or leaving alternative reasons for affirmance on the table–so we know how to avoid them. We can navigate the process for you so you don’t have to.


Can I Appeal My Case

Most likely. When you appeal your case, the Utah Court of Appeals agrees to consider the trial court’s proceedings for legal errors that may have impacted the outcome of your case. It’s important to understand that not every unfavorable ruling qualifies as a strong appellate issue.

In a strong appellate issue, there must be a basis for arguing that a legal mistake occurred at trial. But while legal errors abound at trial, reversible errors are more difficult to find. Showing that an error occurred simply isn’t enough. You also have to show that the error made a difference. In the law, we call this “harm” or “prejudice.”

In most cases, the burden to show harm is on the defendant. In other words, the defendant must show that absent that error, there is a reasonable likelihood of a different result. But in some instances, the burden of showing of harm is actually reversed. For example, if the issue is a preserved constitutional issue, then the State has the burden of showing that the error did not prejudice the defendant.

Appellate Standards of Review

Appellate courts review each issue under a different “standard of review.” Standards of review assign a certain amount of deference to each issue. Was the issue presented to the district court? Did the court have a chance to rule on it? If so, the standard of review will either be correctness or abuse of discretion. If the issue was not presented to the district court, then the court of appeals may still consider it. But it will only consider those issues under special standards of review that require special showings.

a building with a flag on the front
Scott Matheson Third District Courthouse in Salt Lake City – Utah, USA

Abuse of Discretion

Certain issues–like sentencing issues and evidentiary issues–are reviewed for an abuse of discretion. When an appellate court reviews an issue for an abuse of discretion, it will only reverse the conviction if the court concludes that no other district court judge would have made the same decision. This is a highly deferential standard of review–which means that in the majority of cases, the appellate court will defer to the trial court’s judgment.

Correctness

Preserved legal issues are reviewed for correctness. This means that no matter what the district court ruled, the court of appeals has the chance to correct it. Sometimes legal holdings can be embedded in evidentiary issues, which are usually reviewed for abuse of discretion. But if you can argue that what the court has is an embedded legal issue–and not an evidentiary call–then you can get the court to review the issue under the less deferential “correctness” standard.

a building with columns on the side
Byron White United States Courthouse 10th Circuit, in downtown Denver, CO, USA

Unpreserved issues can sometimes be reversible in criminal appeals

In civil appeals, you may only raise preserved issues or issues that are reversible under plain error review. But in criminal appeals, you may sometimes raise an unpreserved issue if you can properly identify an exception to the preservation rule.

Plain Error

A claim of plain error points the finger at the trial court, saying “hey, you should have known better. This mistake should have been obvious.”

When you raise an issue under plain error, you have to show three things: First, that there was an error; second, that the error should have been obvious to the trial court; and third, that absent the error, there is a reasonable likelihood of a different result. Under this standard of review, you have to show that the error should have been so obvious to the trial court and that it impacted the outcome with such great force that the appellate court should order a new trial.

This standard of review is one of the most difficult to show, because of the “obviousness” showing you must make.


Ineffective Assistance of Counsel: the Sixth Amendment’s protections

The Sixth Amendment to the United States Constitution guarantees the effective assistance of trial counsel in criminal cases–even when you cannot afford an attorney. On appeal, when you raise an issue under ineffective assistance, you are claiming that your trial counsel’s representation fell below certain standards.

When you claim ineffective assistance of counsel, you must show three things: First, that trial counsel’s performance fell below an objectively reasonable standard, and second, that absent the error, there is a reasonable likelihood of a different result. These errors don’t have to be obvious, but they do have to surpass a significant hurdle: if there was any way that objectively reasonable trial counsel could have chosen to overlook the alleged “error,” then the appellate court won’t second-guess trial counsel’s alleged “strategy.”

This standard of review is also difficult to surpass, because the appellate court will often credit trial counsel’s erroneous conduct with trial strategy.

At times, the evidence of ineffective assistance of counsel is not on the record. So how can you show evidence that your trial counsel did you wrong if you can’t admit extra-record evidence on appeal? The Utah Rules of Appellate Procedure allow a defendant to file a motion concurrently with the opening brief admitting evidence of ineffective assistance of counsel. If this motion is granted, then the appellate court will remand the case back to the trial court to hold an evidentiary hearing where trial counsel will have the opportunity to testify. After this evidentiary hearing, the case is transferred back to the court of appeals for a final determination.

What will happen to my case if I win?

The exact remedy available to the appellate court is always important to keep in mind when you raise any given issue. That is because certain issues will only get you entry of a lesser included offense, while other issues will get you a complete do-over. Likewise, some errors will have an impact on only one charge, while other errors will have a pervasive impact on the whole trial.

Inside a courtroom painted in watercolor

Is there any way to get a reversal without being retried? Yes, but, of course, that is a very tall order. In order to get a reversal without a retrial, you must show that the State failed to produce enough evidence to support a guilty verdict the first time around. When the appellate court looks at the evidence under this microscope, it will only reverse if the available inferences from evidence admitted do not support a conviction. In other words, if the jury could have inferred guilt based upon the testimony or other evidence, the court will not reverse. These types of issues are called “sufficiency” issues, and they are the holy grail of appellate issues.

Let us help you

Given these complexities, it’s crucial to consult with an experienced appellate attorney early in the process to evaluate whether your case is a good candidate for appeal. At Lotus Appellate Law, we thoroughly review the appellate record, identify all available issues, and which issues have the greatest likelihood of success, ensuring you have a realistic understanding of your options.

If you believe an error occurred in your trial and are considering an appeal, we would love to discuss your case with you and explore your options.

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Frequently Asked Questions

Utah Appellate Process

An appeal is a formal request to a higher court to review a lower court’s decision for legal error. It is not a new trial — no new witnesses testify and no new evidence is introduced. The Utah Court of Appeals and Utah Supreme Court review the written record and the parties’ legal briefs to determine whether the trial court correctly applied the law. In family law cases, that includes whether the court properly applied standards governing custody, property division, and alimony under Utah’s statutory framework.

Most final judgments entered by a Utah district court can be appealed, including civil, criminal, and administrative matters. Not every ruling is immediately appealable — generally, the order must be a final judgment that fully resolves the case, unless an interlocutory appeal under URAP Rule 5 is available. Lotus Appellate Law handles appeals across a wide range of civil and criminal practice areas before the Utah Court of Appeals and Utah Supreme Court.

Whether your case has viable appellate issues depends on two things: whether a legal error occurred, and whether that error was preserved in the trial court record. The Utah Court of Appeals gives significant deference to trial court fact-finding, so appeals grounded purely in disagreement with the outcome rarely succeed. Appeals grounded in misapplication of law, failure to make required findings, or abuse of discretion have a legitimate path forward. Lotus Appellate Law offers case evaluations to help you make that determination honestly.

The appeal begins with filing a Notice of Appeal in the district court that entered the judgment. That notice must be filed within 30 days of the entry of the order or judgment being appealed — this deadline is jurisdictional and cannot be extended for most civil matters. After filing, the appellant designates the record on appeal, orders transcripts, and begins the briefing process under the Utah Rules of Appellate Procedure.

This window can be shorter in certain circumstances. For example, for interlocutory review of a non-final decision, the appealing party must file a notice within 21 days. And under UPEPA, the appealing party must file a notice of appeal within 15 days.

If the notice of appeal is not filed within 30 days of the entry of judgment, the Utah Court of Appeals loses jurisdiction over the case — regardless of how strong the underlying legal arguments are. There is no good-cause exception for most civil appeals. In limited circumstances, a motion to reinstate the appeal may be available if the failure to file was caused by excusable neglect, but this remedy is narrow and unreliable. If you are approaching the deadline, contact Lotus Appellate Law immediately.

Yes — a trial attorney can file the Notice of Appeal to preserve the deadline. However, appellate practice is a specialized discipline with different rules, standards, and briefing conventions than trial court work. Many clients retain dedicated appellate counsel at Lotus Appellate Law after the notice is filed to handle the briefing and, if granted, oral argument. Transitioning to appellate counsel early gives us maximum time to analyze the record and develop the strongest appellate arguments.

An appeal generally takes about two years, from start to finish. There are some outliers that may take more time or less time, but the entire process is usually around two years.

Only after you file your notice of appeal will you begin the rest of the process. That process includes ordering transcripts of the proceedings, compiling a copy of the record, getting the briefing schedule from the appellate court, and having an appellate attorney review the record. After you have discussed any appealable issues with your appellate attorney, your attorney will draft and file your Appellant’s Opening Brief, and a briefing exchange ensues. If you are appellee in this process, you will only respond to the opening brief with an Appellee’s Responsive Brief. If you are appellant, you will file both an opening brief and an Appellant’s Reply Brief.

After briefing is completed, your case could be called for oral augment. An appellate court does not hear oral argument in every case; sometimes it issues a written order or opinion without argument. You may ask your attorney to request oral argument, but that request is not always granted. In the months after argument or after briefing, your case will be decided by a panel of judges who will then begin to draft the opinion. Once the opinion has been reviewed and edited by all of the judges on the panel, it is reviewed and edited by the appellate court clerks, and then it is published and made available to the public.

Generally, no. On appeal, the trial or pre-trial record is the entire factual universe that the appellate court will consider. An appeal is not a “second bite at the apple.” You should never count on making arguments or presenting evidence on appeal that you failed to present to the trial court. In fact, appeals are regularly denied when a party relies on evidence outside the record.

The one exception to this rule is found in criminal cases and is available in accordance with Rule 23B of the Utah Rules of Appellate Procedure. Under this rule, criminal defendants may try to admit evidence that their trial counsel provided unconstitutionally ineffective assistance at their trial. Under rule 23B, a motion is filed concurrently with the Appellant’s Opening Brief. That motion has attached to it any missing evidence that the trial court should have considered, along with affidavits attesting the evidence’s accuracy. If a prima facie showing of ineffective assistance of counsel is made in this motion, then the appellate court will remand the case back to the district court to admit the missing evidence. The missing evidence is admitted during an evidentiary hearing. Oftentimes trial counsel has the opportunity to testify and explain his or her strategy, or lack of strategy. The case is then sent back to the court of appeals for a final determination of ineffective assistance.

The number of issues you raise is not limited by rule, but in Utah your attorney must file an opening brief with 14,000 words or fewer. That is 1,000 words more than the United States Supreme Court allows. That is room for about three to four well argued issues. For that reason, there is no hard rule limiting the number of issues, but more is not better in appellate practice. Appellate courts respond to focused, well-developed arguments — not comprehensive lists of every grievance from trial. A strong opening brief identifies the two to four issues most likely to result in reversal and develops each with thorough legal analysis and record citation. At Lotus Appellate Law, issue selection is one of the most consequential strategic decisions we make in every case.

A strong appellate issue in Utah typically has three characteristics: it was preserved in the trial court through objection, motion, or argument; it involves a legal error rather than a factual dispute the trial court resolved against you; and the standard of review gives the appellate court meaningful room to act. Issues reviewed de novo — pure legal questions — are generally stronger than discretionary calls reviewed for abuse of discretion, though abuse of discretion claims can succeed when the trial court’s decision falls outside the range the law permits.

The cost of a Utah appeal varies depending on case complexity, transcript length, and the number of issues briefed. Lotus Appellate Law provides honest cost assessments during the initial consultation so clients can make informed decisions before committing to an appeal.

Appellate courts in Utah have authority to award attorney fees on appeal when the underlying statute or agreement authorizes fee-shifting, or when the appeal was taken frivolously. Whether fees are recoverable in your specific case depends on the governing statute and the nature of the appeal — Lotus Appellate Law evaluates this as part of every case assessment.

A successful appeal most commonly results in a remand — the case is returned to the trial court with instructions to correct the legal error. Outright reversal is less common and typically reserved for clear legal error where only one outcome is legally permissible. A win on appeal does not guarantee a different substantive outcome — it guarantees that the trial court must get the law right the second time.

In most cases where the appeal results in remand, yes — further trial court proceedings follow. The scope depends on what the appellate court ordered. Some remands are narrow; others reopen broader issues. In cases of outright reversal with no remand, no further proceedings are required. Lotus Appellate Law prepares clients for what a successful appeal realistically means before they commit to pursuing one.

Depending on the circumstances, options may include a motion for new trial or motion to reconsider in the trial court, which can also toll the appellate deadline under certain conditions. In rare cases, an extraordinary writ may be available. Each remedy has different requirements and timelines. Lotus Appellate Law can help you understand which path — or combination of paths — makes sense for your situation.

Lotus Appellate Law is a Salt Lake City appellate firm representing clients throughout the state of Utah. Because appellate practice takes place before the Utah Court of Appeals and Utah Supreme Court — both located in Salt Lake City — we represent clients from every Utah county, including Salt Lake, Utah, Davis, Weber, Washington, Cache, Tooele, Summit, and Wasatch counties, as well as rural districts statewide.