There have been many cases over the years involving criminals who almost got away with their crimes but were eventually foiled by their own pride. They simply couldn’t help bragging about what they had done. But what exactly constitutes a confession? This is one of many questions at the heart of a growing debate between …
Evidence vs. art: Can violent rap lyrics be taken as confessions? Read More »
All Utah defendants are guaranteed the right to effective assistance of counsel under the U.S. Constitution’s Sixth Amendment. It is possible to appeal a Utah conviction if a defendant can show that their attorney provided ineffective assistance during a trial or plea negotiation. When filing an appeal based on ineffective assistance of counsel, a defendant …
Proving Ineffective Assistance of Counsel in Utah Read More »
It is somewhat uncommon for a criminal defendant in Utah to receive the maximum sentence for a crime. Many crimes have the potential to carry lengthy sentences, but defendants routinely receive smaller sentences as a result of plea bargains and judicial discretion. When multiple crimes are involved, it is possible for sentences to run at …
A jury instruction can violate a defendant’s due process rights when it receives prosecutors of their obligation to prove every essential element of a crime beyond a reasonable doubt. When reviewing appeals based on jury instructions, appeals courts determine whether a challenged jury instruction created a mandatory presumption or simply allowed a jury to draw …
Mandatory Presumptions vs. Permissive Inferences Read More »
A Utah appeals court recently overturned the theft conviction of the Utah man, citing an erroneous jury instruction. The defendant was Joseph Brandon Crowley, who was convicted of receiving stolen property and theft by deception. Investigators say that Crowley pawned an iPod which had been stolen from a car two weeks earlier. The owner of …
Utah Court: Defendant Prejudiced by Jury Instruction Read More »
Establishing a defendant’s competency to stand trial is one of the foundational elements of a valid criminal conviction. It is well established that Utah law requires that no person who is incompetent be tried for a public offense and that trying an incompetent person constitutes a due process violation. One Utah man recently had his …
Utah man’s conviction vacated on competency grounds Read More »
Prosecutors have a wide latitude in making closing arguments. Although name calling is not an admirable or officially condoned style of argument, appellate courts in Utah have been reluctant to find a prosecutor’s name calling to be a ground for reversing a criminal conviction. One Utah defendant recently attempted to have his conviction overturned on …
Zoo comparison did not violate a defendant’s rights Read More »
A Utah appeals court recently ruled that a prosecutor’s characterization of a defense counsel’s argument as a “red herring” did not amount to prosecutorial misconduct. Prosecutorial misconduct during closing arguments occurs when a prosecutor’s statements during a closing statement violate a defendant’s rights by, for example, calling the jurors’ attention to matters which they are …
Court: ‘Red Herring’ comments did not violate a Utah defendant’s rights Read More »
The U.S. Attorney for the District of Utah recently announced that his office collected $2,321,772 in criminal fines last year. U.S. Attorney David B. Barlow also said an additional $2,292,074 was collected in civil actions prosecuted by his office for a total of $4,613,846 for Fiscal Year 2013. “The Department’s enforcement actions help to not …
U.S. Attorney’s office collects $2.3 million in criminal fines Read More »
More controversial facts and allegations are surfacing in the Lisa Steed scandal. The former Utah Highway Patrol officer is accused of wrongfully arresting hundreds of Utah residents for drunk driving. One attorney is pushing a class action lawsuit against Steed and the state. He alleges that Steed routinely violated police protocol and that her supervisors …