Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Appellate court: means the Utah Court of Appeals, the Utah Supreme Court, or the United States Supreme Court. See Utah Code 77-11c-101
Continuous chain of custody: means :
(a)
for a law enforcement agency or a court, that legal standards regarding a continuous chain of custody are maintained; and
(b)
for an entity that is not a law enforcement agency or a court, that the entity maintains a record in accordance with legal standards required of the entity. See Utah Code 77-11c-101
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Evidence: means property, contraband, or an item or substance that:
(a)
is seized or collected as part of an investigation or prosecution of an offense; and
(b)
may reasonably be used to incriminate or exculpate an individual for an offense. See Utah Code 77-11c-101
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a)
the length of the statute of limitations for the offense if:
(i)
no charges are filed for the offense; or
(ii)
the offense remains unsolved;
(b)
60 days after the day on which any individual charged with the offense is acquitted if each individual charged with the offense is acquitted;
(c)
90 days after the day on which any individual is adjudicated for the offense if:
(i)
each individual charged with the offense has been adjudicated;
(ii)
there is no appeal pending in:
(A)
an appellatecourt for any individual adjudicated for the offense; or
(B)
the district court for a trial de novo for any individual adjudicated by a justice court for the offense; and
(iii)
there is no post-trial motion pending in the court:
(A)
for a new trial under Rule 24 of the Utah Rules of Criminal Procedure;
(B)
to amend or make additional findings of fact under Rule 52(b) of the Utah Rules of Civil Procedure; or
(C)
for relief under Rule 60(b) of the Utah Rules of Civil Procedure;
(d)
30 days after the day on which any individual is adjudicated by a district court for the offense on a trial de novo from the justice court if:
(i)
each individual charged with the offense has been adjudicated by a justice court or a district court on a trial de novo from the justice court; and
(ii)
there is no appeal pending in:
(A)
an appellate court for any individual adjudicated for the offense; or
(B)
the district court for a trial de novo for any individual adjudicated by a justice court for the offense; or
(e)
30 days after the day on which an appellate court issues a remittitur for an appeal of any individual adjudicated for the offense if:
(i)
the appellate court’s final decision upholds the individual’s adjudication;
(ii)
each individual charged with the offense has been adjudicated; and
(iii)
there is no appeal pending in:
(A)
an appellate court for any individual adjudicated for the offense; or
(B)
the district court for a trial de novo for any individual adjudicated by a justice court for the offense.
(2)
Subsection (1) does not require an agency to return or dispose of evidence of a misdemeanor offense.
(3)
An agency shall ensure that evidence of a misdemeanor offense is subject to a continuous chain of custody.
