appeals

Proving Ineffective Assistance of Counsel in Utah

All Utah defendants are guaranteed the right to effective assistance of counsel under the U.S. Constitution's Sixth Amendment. It is…

10 years ago

When is a Utah criminal sentence excessive?

It is somewhat uncommon for a criminal defendant in Utah to receive the maximum sentence for a crime. Many crimes…

10 years ago

Utah Court: Defendant Prejudiced by Jury Instruction

A Utah appeals court recently overturned the theft conviction of the Utah man, citing an erroneous jury instruction. The defendant…

10 years ago

Zoo comparison did not violate a defendant’s rights

Prosecutors have a wide latitude in making closing arguments. Although name calling is not an admirable or officially condoned style…

10 years ago

Court: ‘Red Herring’ comments did not violate a Utah defendant’s rights

A Utah appeals court recently ruled that a prosecutor's characterization of a defense counsel's argument as a "red herring" did…

10 years ago

Utah Roulette: Reckless Manslaughter vs. Depraved Homicide

A Utah appeals court recently rejected the appeal of Brad R. Ricks, a man convicted of homicide after killing a…

11 years ago

Utah appeals court upholds man’s crack dealing conviction

Judge William A. Thorne Jr. recently upheld the conviction of a man accused to selling crack to an undercover officer.…

11 years ago

Ineffective Assistance of Counsel Appeals in Utah

The Sixth Amendment of the U.S. constitution guarantees individuals the right to effective assistance of counsel. Ineffective assistance of counsel…

11 years ago

“Undue Influence” in Utah Child Abuse Cases

An appeals court recently overturned the conviction of a Utah man for aggravated sexual abuse of a child. In Utah,…

11 years ago

Court: gas station assault and rape were not a “single criminal episode”

A Utah man recently lost his appeal of his aggravated sexual assault convictions. The man's convictions stem from an interaction…

11 years ago