Page 8 of 78 2007 Utah L. Rev. 861, *871 The full Advisory Committee took up the Subcommittee's proposals at its meeting on October 24-25, 2005. © It largely agreed with the Subcommittee's proposals, approving a limited set of changes to the Rules to implement the CVRA. The Advi...
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Page 22 of 78 2007 Utah L. Rev. 861, *891 (1) Disclosure. If the defendant serves a Rule 12.1(a)(2) notice [regarding intent to present an alibi defense], an attorney for the government must disclose in writing to the defendant or '78 the defendant's attorney: (A) the name, add...
Page 45 of 78 2007 Utah L. Rev. 861, *923 The Advisory Committee recommended no change to this rule. 37 Discussion: The Advisory Committee rejected this change because, in its view, the fact that the CVRA did not specifically address transfer decisions precluded any amendment:...
Prison Legal News is also preparing a lawsuit against the Utah Department of Corrections for a policy that bars all books except those that are shipped directly from Barnes & Noble. Generally, prisons require that books be sent directly from the publisher or a major distributor,...
Page 59 of 78 2007 Utah L. Rev. 861, *943 Rule 60. Victims (a) Rights of Victims. (3) Right to Be Heard. The court must permit a victim to be reasonably heard at any public proceeding in the district court concerning release . . . involving the crime. + Discussion: The Adv...
Page 47 of 78 2007 Utah L. Rev. 861, *926 ... . The [trial] court explicitly stated that it was not favoring the rights of the victims over those of defendant. Rather, it was simply taking their concerns into consideration, as it had not done previously. Taking the concerns of t...
Page 61 of 78 2007 Utah L. Rev. 861, *946 The Advisory Committee's next argument is that to allow victims to be heard on dismissals would violate the CVRA's requirement that nothing in the Act "shall be construed to impair the prosecutorial discretion of the Attorney General." 4...
the Utah Supreme Court explained that prosecutors
Utah (40 minutes from the Salt Lake City airport)
1999 UTAH L. REv. 479 [hereinafter Cassell
1999 UtaH L. Rev. 443. For a more recent
Page 28 of 78 2007 Utah L. Rev. 861, *900 The Advisory Committee did not propose any change to Rule 15. 7!¢ Discussion: Rule 15 authorizes depositions for the purpose of preserving evidence for trial, 7!’ thus, such depositions are an extension of 218 the trial. Victims, acco...
and the rush of wind through aspens in Utah.""
1985 Utah L. Rev. 517; Douglas Evan Beloof
Page 41 of 78 2007 Utah L. Rev. 861, *917 witnesses to a criminal defendant in a noncapital case." 34° Many other courts have reached substantially the same conclusion. 341 [*918] A few older cases held that district courts possess authority to compel the government to disclose...