Terms Used In Utah Code > Title 78B > Chapter 9 - Postconviction Remedies Act

• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Allegation: something that someone says happened.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Assessment: means an in-depth clinical interview with a licensed mental health therapist:

  (i)	used to determine if a person is in need of: (A)  substance abuse treatment that is obtained at a substance abuse program; (B)  an educational series; or (C)  a combination of Subsections (1)(b)(i)(A) and (B); and

  (ii)

  that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501 Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Bona fide and compelling issue of factual innocence: means that the newly discovered material evidence presented by the petitioner, if credible, would clearly establish the factual innocence of the petitioner. See Utah Code 78B-9-401.5 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Convicted person: means the person whose conviction or sentence is under review. See Utah Code 78B-9-502 Conviction: A judgement of guilt against a criminal defendant. Conviction: means any conviction arising from a separate episode of driving for a violation of: (i)  driving under the influence under Section 41-6a-502; (ii)  (A)  for an offense committed before July 1, 2008, alcohol, any drug, or a combination of both-related reckless driving under Sections 41-6a-512 and 41-6a-528; or (B)  for an offense committed on or after July 1, 2008, impaired driving under Section 41-6a-502. See Utah Code 41-6a-501 Conviction Integrity Unit: means a program established by a prosecution agency to conduct extrajudicial, fact-based reviews of criminal convictions and sentences. See Utah Code 78B-9-502 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Public Safety. See Utah Code 41-6a-102 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: DNA: means deoxyribonucleic acid. See Utah Code 78B-9-301 drugs: means : (i)  a controlled substance as defined in Section 58-37-2; (ii)  a drug as defined in Section 58-17b-102; or (iii)  a substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of a person to safely operate a motor vehicle. See Utah Code 41-6a-501 Educational series: means an educational series obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Establishing office: means the prosecution agency establishing a conviction integrity unit. See Utah Code 78B-9-502 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. Factually innocent: means the same as that term is defined in Section 78B-9-401. See Utah Code 78B-9-301 factually innocent: means a person did not:Utah Code 78B-9-401.5 Factually innocent: means the same as that term is defined in Section 78B-9-401. See Utah Code 78B-9-502 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Fraud: Intentional deception resulting in injury to another. Genetic genealogy database utilization: means the same as that term is defined in Section 53-10-403. See Utah Code 78B-9-301 Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court. Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate. Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Investigative genetic genealogy service: means the same as that term is defined in Section 53-10-403. See Utah Code 78B-9-301 Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Legitimacy: means consistent with the United States and Utah constitutions, federal and state law, and all rules and principles of a fair and just legal system. See Utah Code 78B-9-502 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Newly discovered material evidence: means evidence that was not available to the petitioner at trial or during the resolution on the merits by the trial court of any motion to withdraw a guilty plea or motion for new trial and which is relevant to the determination of the issue of factual innocence, and may also include:Utah Code 78B-9-401.5 Newly discovered material evidence: means the same as that term is defined in Section 78B-9-401. See Utah Code 78B-9-502 Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. Period of incarceration: means any sentence of imprisonment, including jail, which was served after judgement of conviction. See Utah Code 78B-9-401.5 Person: means :Utah Code 68-3-12.5 Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102 Petitioning prosecutor: means the prosecutor who files a civil petition seeking relief under this part. See Utah Code 78B-9-502 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers. Probable cause: A reasonable ground for belief that the offender violated a specific law. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Property: includes both real and personal property. See Utah Code 68-3-12.5 Prosecution agency: means a county attorney, district attorney, the Office of the Attorney General, or other prosecution agency. See Utah Code 78B-9-502 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Screening: means a preliminary appraisal of a person: (i)  used to determine if the person is in need of: (A)  an assessment; or (B)  an educational series; and (ii)  that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Substance abuse treatment: means treatment obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102 Verdict: The decision of a petit jury or a judge. Writ: A formal written command, issued from the court, requiring the performance of a specific act. Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5 Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal. Writing: includes :Utah Code 68-3-12.5