Category: Attorney Resources
Articles in this section are intended to assist defense attorneys in Utah’s criminal courts, in crafting strategy and legal theory for active cases and for professional development.
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Evidence of BAC in DUI Trials
Are prosecutors required to show scientific evidence of BAC in a Utah DUI case? A prosecutor may request that a trial judge give a jury instruction that explains thatthe prosecutor is not required to introduce “scientific evidence” in…
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Rule 23 – Mental Illness and Motions to Arrest Judgment
Can mental illness serve as the basis for a motion to arrest judgment in a Utah criminal case? Rule 23 of the Utah Rules of Criminal Procedure provides that a trial court can enter an order arresting judgment…
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Corpus Delicti Rule in Utah
Question: Do Utah courts utilize corpus delicti rules in criminal cases? Traditional Corpus Delicti Rule Under traditional corpus delicti rules used by Utah courts, a prosecutor in a criminal case generally cannot introduce evidence of a confession made…
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Compulsion as a Defense to Criminal Prosecution
Utah Code 76-2-302 – Compulsion Under Utah law, a defendant cannot be convicted of a crime for conduct committed by the defendant if the defendant acted under compulsion. In analyzing such a defense to a Utah criminal prosecution,…
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Utah Cohabitant Abuse Act – Constitutionality
Utah’s Cohabitant Abuse Act imposes enhanced penalties for cohabitants who have been previously convicted of a crime of domestic violence. If you are facing prosecution for domestic violence in Utah, the assistance of an experienced criminal defense attorney…
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Child Abuse Law & Spanking in Utah
B.T. and S.T. v. State of Utah (2017) & Provo City v. Cannon (1999) – Case Analysis & Reconciliation Question: Is spanking child abuse under Utah law? Answer: It’s complicated. Defining Abuse & Proving It – Different Issues…