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Utah Supreme Court: Dismissal of Second Post-Conviction Petition Improper Where First Petition Voluntarily Withdrawn
by Douglas Ankney
The Supreme Court of Utah held that there was no previous request for post-conviction relief to support dismissal of a second petition under Utah Code § 78B-9-106(1)(d) of the Post-Conviction Remedies Act (“PCRA”) where the first petition was voluntarily dismissed under Utah Rules of Civil Procedure, Rule ...
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More from this issue:
- Racism and Wrongful Convictions, by Matthew Clarke
- Sixth Circuit Grants Habeas Relief After Michigan Court Violates Confrontation Clause, by Dale Chappell
- Ninth Circuit: Mental Impairment that Prevented ‘Monitoring’ of Habeas Counsel’s Actions May Require Equitable Tolling, by Dale Chappell
- Tenth Circuit Vacates District Court’s Order Sealing Plea Supplement, Explaining Local Court Rule Doesn’t Abrogate Common Law Right of Access to Judicial Records, by Douglas Ankney
- Federal Judge Issues Order Reducing 40-Year Stacked § 924(c) Sentence Based on First Step Act Changes to Compassionate Release, by Chad Marks
- Latest Forensic Technology, Pattern Analysis, May Be ‘Pseudoscience’, by Michael Fortino, Ph.D
- SCOTUS: Jury Verdicts Must Be Unanimous to Convict on Criminal Charges, Overruling Apodaca, by Douglas Ankney
- ATF: What Is a Gun?, by Jayson Hawkins
- Michigan Supreme Court Announces that Duress May be Asserted as an Affirmative Defense to Felony Murder, Overruling Gimotty and Etheridge, by Douglas Ankney
- Texas Court of Criminal Appeals: Failure to Include ‘Or Others’ in Jury Instruction for Self-Defense Against Multiple Assailants Deprived Defendant of Defense, by Dale Chappell
- Virus Vigilantes v. Virus Violators: Shunning, Shaming, or Policing COVID-19 May not Be the Cure, by Michael Fortino, Ph.D
- SCOTUS: Due Process Doesn’t Require States to Adopt a Specific Test for Determining Insanity, by Douglas Ankney
- Fifth Circuit: Defendant Lacked Culpability in Attempting to Export Ammunition by Merely Purchasing It, by Anthony Accurso
- Second Circuit: Habeas Petition Not Moot Where It Attacked Inactive Original Order That Gave Rise to Current Active Order Restraining Petitioner’s Liberty, by Douglas Ankney
- Iowa Supreme Court Vacates Guilty Plea for Lack of Evidence and Ineffective Assistance of Counsel, by David Reutter
- Federal District Court Finds ‘Confusion’ Over Law in State Court Excused Late Filing of § 2255 Motion, by Dale Chappell
- Seventh Circuit Reiterates IAC Requires Only ‘Reasonable Probability,’ Not ‘More Likely Than Not,’ of Different Outcome, by Dale Chappell
- Divide and Conquer: New Algorithm Examines Crime-Scene Bullets Segment by Segment
- U.S. Supreme Court Justice Files Statement on Court’s Refusal to Hear Habeas Case, Despite Deep Circuit Split, by Dale Chappell
- SCOTUS: Knowledge that Driver’s License of Vehicle’s Registered Owner Was Revoked Provides Reasonable Suspicion to Initiate Traffic Stop, by Douglas Ankney
- Don’t Allow Government to Abuse Emergency Powers After COVID-19 Threat Subsides, by Douglas Ankney
- Illinois Supreme Court: Failing to Stipulate Felon Status Allowing Jury to Hear About Murder Conviction Constitutes IAC, by Anthony Accurso
- Notorious Louisiana Prosecutor Fired for Misconduct Technicality, by Edward Lyon
- 10th Circuit: Evidence Insufficient to Support Conviction for Attempting to Kill Witness, by Douglas Ankney
- $369,000 Settlement in Police Raid of Journalist’s Home and Office
- Delaware Supreme Court Clarifies Meaning of ‘Mixture’ as Used in State’s Controlled Substances Act, by Douglas Ankney
- Colorado Supreme Court: Defendant Has No Duty to Bring Himself to Trial, by Douglas Ankney
- Fifth Circuit Finds IAC for Failure to Object to Court’s Jury Instructions that Constructively Amended Indictment by Lowering Government’s Burden of Proof, by Dale Chappell
- Pennsylvania Supreme Court: Cronic’s Presumption of Prejudice Triggered by Counsel Failing to Secure Interpreter for First Day of Trial, by Douglas Ankney
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- No Consequences for Prosecutors’ Bad Behavior, by Jayson Hawkins
- Nevada Supreme Court Rules Bail Determination Requires Due Process and Severs Unconstitutional Language from Bail Statute, by Douglas Ankney
- Federal Court Overturns Conviction for Person Linked to Former Subway Spokesperson’s Child Porn Case, by Dale Chappell
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- Utah Residents Can Wind Up in Jail When They Miss Loan Payments, by Kevin Bliss
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- Interpreting Emojis as Court Evidence, by Anthony Accurso
- LAPD Officers Accused of Entering Names of Innocent People Into Gang Database, by Douglas Ankney
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- Massachusetts Supreme Judicial Court Clarifies Standards for Exit Order and Patfrisk, by Anthony Accurso
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- Cops in Missouri Exploit Loophole to Seize $2.6 Million from Innocent Citizens, by Douglas Ankney
- How Old Is That Fingerprint?, by Douglas Ankney
- News in Brief
More from Douglas Ankney:
- Third Circuit Upholds Award of $265,000 to Prisoner Who Was Sexually Assaulted Twice by the Same Guard, Aug. 1, 2025
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025
- $340,000 for Former Massachusetts Prisoner Whose Baby Was Stillborn, July 15, 2025
- New Jersey Supreme Court Refuses Guard’s Challenge to Firing for Failing to Report Kiss with Prisoner, July 15, 2025
- New York City Loses Bid to Withhold Jail Records, July 15, 2025
- Eleventh Circuit Announces New Deliberate Indifference Framework in Dismissing Georgia Prisoner’s Claim for Skipped Anti-Seizure Meds, July 15, 2025
- Washington Jail Settles DOJ Allegations of ADA Noncompliance in Failure to Treat Opioid Use Disorder, July 15, 2025
- Ohio Supreme Court Says Sheriff Must Get and Disclose Records of Private Contractors, July 15, 2025
- Third Circuit Rejects U.S. Sentencing Commission Amended Compassionate Release Policy, July 15, 2025
- South Carolina Prisoners Granted Class-Action Status in Suit Over Low Wages in Prison Industries Jobs, July 15, 2025
More from these topics:
- Shelby County DA Oversees Retesting After Forensic Analyst’s Dismissal for ‘Unethical Conduct’, July 1, 2025. Crime Labs, Appealable Issues/Orders, Sufficiency of Evidence, Evidence - Integrity/Reliability of.
- Ninth Circuit Announces Issues Not Raised in Prior Appeal Are Not Waived on Subsequent Appeal Following De Novo Resentencing, Sept. 1, 2024. Appealable Issues/Orders, De Novo Resentencing.
- Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding, Nov. 1, 2023. U.S. Sentencing Guidelines, Appealable Issues/Orders, Certificate of Appealability.
- Kansas Supreme Court: Defendants May File a Motion to Correct Illegal Sentence in Appellate Court While on Direct Review, Oct. 1, 2023. U.S. Sentencing Guidelines, Appealable Issues/Orders.
- Arizona Supreme Court: Trial Court’s Failure to Protect Defendant’s Right to Conflict-Free Counsel May Be Raised on Direct Appeal 16 Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense, Aug. 15, 2021. Appealable Issues/Orders, Conflict of Interest.
- The Federal Habeas Corpus: Government’s Response and Your Reply, Aug. 15, 2021. Habeas Corpus, Appealable Issues/Orders.
- DOJ Report: Massachusetts Narcotics Bureau Relied on Excessive Use of Force, Oct. 15, 2020. Excessive Force (Police), Reporting Requirements, Pattern of Improper Conduct.
- U.S. v. Espinal, No. 10 Cr. 905 (S.D.N.Y.) (96 F.Supp.3d 53) (March 10, 2015) (Judge Denny Chin), Dec. 14, 2015. Punch And Jurists, Pattern of Improper Conduct.
- U.S. v. Moussaoui, No. 03-4162 (4th Cir.) (336 F.3d 279) (July 14, 2003) (Per Curiam), Aug. 1, 2003. Punch And Jurists, Appealable Issues/Orders.
- U.S. v. Moussaoui, No. 03-4162 (4th Cir.) (333 F.3d 509) (June 26, 2003) (Judge William W. Jr. Wilkins), June 1, 2003. Punch And Jurists, Appealable Issues/Orders.
