Post-Conviction Relief | Court Decisions

Appellate Case Insight

Opinions &

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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 ⎹

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Appellate Case Insight

Opinions &

Analysis

Utah Appellate Courts ⎹

Civil ̇ Criminal ̇ Administrative

Post-Conviction Relief

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Utah Supreme Court

Can PCRA petitions be amended after the limitations period expires?

Noor v. State

January 18, 2019

The Utah Supreme Court clarified that rule 15(c)’s relation-back test applies to PCRA amendments and that courts should liberally construe whether amended claims arise from the same conduct, transaction, or occurrence as the original petition.

Criminal Appeals
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Post-Conviction Relief

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Utah Court of Appeals

When are post-conviction claims procedurally barred in Utah?

Garcia v. State

June 28, 2018

The court clarified the procedural requirements for raising denial of appeal claims and confirmed that ineffective assistance claims fail when the underlying defense would be futile.

Criminal Appeals
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Post-Conviction Relief

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Utah Supreme Court

When do material fact disputes preclude summary judgment in post-conviction cases?

Ross v. State

December 21, 2012

The Utah Supreme Court held that material factual disputes about appellate counsel’s investigation precluded summary judgment on ineffective assistance claims in post-conviction proceedings.

Criminal Appeals
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Post-Conviction Relief

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