Restitution Procedure – Using Pleadings Filed by the Victim’s Attorney Restitution Procedure: can the victim of a crime intervene in the criminal case to directly request restitution? In March 2011, Michael brown was charged with several crimes involving sexual conduct with minor L.N. The victim’s counsel sought to enter an appearance for the purpose of asserting a claim for restitution,…
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Terminating Parental Rights in Utah
Parental Rights IN THE INTEREST OF B.C., A PERSON UNDER EIGHTEEN YEARS OF AGE. C.S., Appellant, v. R.C., Appellee., 2016 UT App 208 C.S. (Mother) appealed the order terminating her parental rights in B.C. But in order to overturn the juvenile court’s decision, the result must be against the clear weight of the evidence or leave the appellate court with…
Factors Considered in Dismissing A Protective Order
Dismissing A Protective Order and the Mota Case In Mota v. Mota, the Utah Court of Appeals addressed dismissing a protective order. Mota v. Mota, 2016 UT App 201 involved an interesting issue regarding dismissing a protective order. In April 2011, Jennifer Mota was at home holding the parties’ child. Lawrence Mota II threatened to commit suicide and picked up a handgun. When…
How Does Withholding Evidence Affect A Post Conviction Petition?
Withholding Evidence Must Prejudice A Defendant in Order to Obtain Post Conviction Relief Withholding evidence can result in overturning a conviction. In Gordon v. State, 2016 UT App 191, the Utah Court of Appeals addressed the issue of how a prosecutor’s withholding evidence can affect a defendant’s post-conviction relief petition. Lee Lundskog was found dead outside a convenience store in…
The Nevares Case and the UCCJEA
The UCCJEA provides the statutory basis for determining which state has jurisdiction over child custody matters. Nevares v. Adoptive Couple, 2016 UT 39 The Utah Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) creates a uniform and predictable method for determining which state has jurisdiction to make child custody decisions. Bobby Nevares filed suit to establish paternity and custody over…
Excluding 404(b) Evidence for Unfair Prejudice
The Court Can Exclude Relevant Evidence if it Causes Unfair Prejudice The court of appeals recently addressed rule 404(b) and the “unfair prejudice” standard for excluding relevant evidence in State v. Rackham. In the Rackham case, a sexual battery case, the court of appeals held that evidence from other women was relevant but caused unfair prejudice so was inadmissible. In…
The Admissibility of a Criminal Conviction in a Utah Trial
Evidence of a Criminal Conviction Involving Dishonesty Evidence of a past criminal conviction may be admissible in a different trial under Rule 608. Dr. Taylor started treating Mr. Robinson in 2003 for chronic back pain and degenerative disc disease. He prescribed various pain medications to Mr. Robinson over the next three years, but Mr. Robinson developed a drug tolerance that…
What is the Scope of a Gramma Request?
What Exactly can be Obtained Through a Gramma Request? One can obtain even individual financial records through a GRAMMA request. Article I, section 14 of the Utah Constitution prohibits state actors from conducting unreasonable searches and seizures. The state can seize evidence without violating section 14 if it uses a valid warrant or subpoena. In Shroeder v. Utah Atty. General’s…
Specific Intent to Commit a Crime Must be Proved by the State
Prosecutors Must Prove that the Defendant had the Specific Intent Required In the Carrera case the court found that the prosecutors did not prove that the defendant had the specific intent to commit the crime of knowingly unlawfully possessing another’s social security card. In the recent Carrera case the Utah Supreme Court addressed what prosecutors must prove when the elements of a…
Unlawful Discharge of Firearm Charged for Each Separate Shot
Multiple Gun Shots Means Multiple Felony Unlawful Discharge Charges The Utah Supreme Court has said that an individual can be charged with unlawful discharge of a firearm for each shot fired. The Utah Supreme Court recently decided State v. Rasabout, 2015 UT 72. Andy Rasabout was a member of the street gang called the Tiny Oriental Posse. On November 1,…