Page 18 of 78 2007 Utah L. Rev. 861, *885 remains what the court should do with the victim's statement. Currently Rule 11(a)() specifies that the court must consider "the parties views on a nolo plea - but it makes no mention of the victim's views. !4? The CVRA now mandates that...
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Page 12 of 78 2007 Utah L. Rev. 861, *877 witnesses, but also the victim as well. ?° Notably, the Advisory Committee's rationale for this change was to "implement[] the victim's "right to be treated with fairness’ under the Crime Victims' Rights Act." °?’ But if a change to the...
Page 17 of 78 2007 Utah L. Rev. 861, *884 ambiguous rules, but the Court has used it as a basis for deviating from the Rules in some circumstances. !4° Indeed, in some lower court cases, Rule 2 has proven outcome determinative. For example, in United States v. Broadus, the Unite...
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:...
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 13 of 78 2007 Utah L. Rev. 861, *878 In 1983, the Advisory Committee changed Rule 11(a)(2) to eliminate a split of authority on conditional guilty pleas. One of the reasons for the change was to "produce much needed uniformity in the federal system on this matter." 10° In...