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 »
The Sixth Amendment of the U.S. constitution guarantees individuals the right to effective assistance of counsel. Ineffective assistance of counsel is one of the most common bases for Utah criminal conviction appeals, but also one of the most difficult appeals to win. To succeed in an ineffective assistance of counsel claim, a Utah defendant has …
Ineffective Assistance of Counsel Appeals in Utah Read More »
In our last post we discussed a successful appeal of a Utah child sex abuse conviction. Successful appeals can be based on a variety of factors such as errors in legal reasoning at the trail court level, prosecutorial misconduct, or ineffective assistance of defense counsel. Criminal appeals based on ineffective assistance of counsel are among …