State v. Rippey

Docket number
20200917
Date

Held that the preservation provision of the Plea Withdrawal Statute, requiring a request to withdraw a guilty plea to be made by motion before a sentence was announced, was a “procedural rule” that infringed the judiciary’s power under separation of powers. Because those provisions are unconstitutional, the Statute did not bar the defendant’s challenge to his guilty plea and his appeal is now governed by the standard rules of preservation.

Opinions, Briefs and other Documents

  • Opinion

Supreme Court of Utah - Opinion

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