Posts Tagged ‘appeal’

Utah Minors May be Charged With Supplying Alcohol to Other Minors

Utah Criminal Defense Attorney, on the topic of  Alcohol, Drugs, Juvenile Defense Misc, Utah Law
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The Case

The Utah Court of Appeals ruled today that charges for supplying alcohol to minors should not have been dismissed against Xavier Morrison. The trial court dismissed the charges initially, reasoning that charging an 18-year-old with supplying alcohol to other 18-year-olds (who were actually slightly older than Mr. Morrison) would create an “absurd result.” The trial court interpreted the law against supplying alcohol to minors as meant to protect minors, not to be a basis for prosecuting them.

The court of appeals agreed that the law prohibiting supplying alcohol to minors was meant to protect minors but unlike other cases applying the “absurd result” doctrine, the crime here involves a clear perpetrator and victim so prosecuting the perpetrator is okay. Mr. Morrison obtained the alcohol on his own by doing a “Hey Mister,” where a minor asks an adult to purchase the alcohol for them. The court of appeals limited its decision to where the minor being charged was clearly the supplier–leaving open whether a minor could still be charged for supplying if the other minors participated in getting the alcohol.

For the full opinion click here: State v. Morrison

Underage Drinking and Supplying Alcohol

This case creates a good opportunity for parents to remind their kids, and to remind young adults in general, that underage drinking can have serious legal consequences. If a minor is caught supplying alcohol to their friends, not only will they be cited for underage drinking, they could also be charged with supplying the alcohol, a class A misdemeanor if they know their friends are underage.

If your minor is caught drinking underage, don’t hesitate to call an experienced juvenile and criminal attorney to help!

 

 

Appeal of Utah Juvenile Court Decision

Simms, on the topic of  Utah Law, Violent Acts
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The Utah Court of Appeals recently reviewed a case appealed from a Utah juvenile court decision, A.H.F. v State of Utah. Utah juvenile court cases do not identify the name of the individual, so he is referred to “A.H.F.” This case involves a now 17-year-old young man who was 14 at the time of the incident he was allegedly involved in.

Photo: Walknboston

The Background

Early in 2009, A.H.F. and some adult companions allegedly decided to attempt to rob a drug dealer of $1500 they believed he had in his possession. They robbed and kidnapped the drug dealer, supposedly telling him that he would need to get them more money if he wanted to live. The victim contacted a friend and the two decided to rob another drug dealer. Instead, A.H.F. and his companions ended up kidnapping the friend and robbing him as well.

At some point, the juvenile and the other alleged kidnappers decided that the friend had too much knowledge of what they had done and that he needed to be taken care of. The friend and the drug dealer were driven to an empty golf course where it is alleged that A.H.F. fatally shot the friend. After a few other robberies, the drug dealer was able to escape and tell the police that A.H.F. was the gunman in the murder. The juvenile was charged with aggravated murder, among other charges.

A.H.F. v State of Utah

The appeal in A.H.F. v State of Utah came about because of a question by the defendant concerning the admissibility of hearsay evidence at A.H.F.’s Utah juvenile court certification hearing. The juvenile court remanded A.H.F. to district court, basing some of their reasoning on the hearsay evidence presented in a juvenile department report. The Court of Appeals decided that consideration of the hearsay evidence violated a rule of the Utah Rules of Juvenile Procedure and sent the case back to Utah juvenile court.

If a juvenile’s case goes to district court, that juvenile will be treated as an adult. When a juvenile’s case is adjudicated within Utah juvenile court, he can only be placed in juvenile custody until he turns 21, at which point he will be freed.

It is extremely important to have a Utah juvenile defense attorney guide your child through any proceedings, regardless of the nature of the alleged crime. An attorney will assist your child by insuring that the rules of law are followed by all parties involved in the case. Don’t wait until it’s too late; contact a Utah juvenile defense attorney today.

Right To Appeal A Utah Juvenile Conviction

Angela, on the topic of  Juvenile Court
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You have the right to appeal a Utah juvenile conviction or a juvenile judge’s final order, but there are deadlines for appealing. A written notice of appeal must be filed within 30 days of sentencing. If you wish to appeal a conviction, talk to your juvenile defense attorney and they can file the appropriate paperwork. Juvenile appeals can be procedurally complex, and it is always wise to discuss the specifics of your appeal or potential appeal with an attorney who has appellate juvenile experience. It is not uncommon to have a different attorney handle the appeal than the attorney who handled the trial. Do not hesitate in raising the possibility with your attorney.