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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Lineup Procedures in Criminal Cases
Lineup identifications are a common investigative tool used by Utah police. Photo lineups and in-person lineups present different potential problems.
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Claiming Alibi in Utah Criminal Cases
Requirements of an Alibi Defense in Utah The legal defense of alibi involves evidence that a defendant was not present at the time and place where a crime is alleged to have occurred. Typically, the evidence presented is…
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Rule 8 – Appointed Counsel
December 20, 2019 – Notice of Proposed Rule Change The Utah Supreme Court gave notice today of a proposed change to Rule 8 of the Utah Rules of Criminal Procedure, and invited comments from the public on the…
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Expert Witness Notice in Utah
Required Notice of Intent to Call an Expert Witness Utah Code section 77-17-13 governs the timing and contents requirements for notice of expert witnesses that must be given in Utah felony criminal cases. Timing of the Notice In…
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Waiving Preliminary Hearing
Unless there is some strategic advantage to be gained, it is rarely advisable to waive any constitutional right. In Utah felony criminal cases, the defendant’s right to a preliminary hearing is guaranteed via constitutional due process. Consider carefully…