Bill > HJR028

This joint resolution amends court rules in Utah to clarify procedures for criminal appeals, specifically addressing claims of ineffective assistance of counsel and the stay of sentences. It modifies Rule 23B of the Utah Rules of Appellate Procedure to explicitly state that the process for remanding a case to a trial court for findings on ineffective assistance of counsel claims is *not* available in capital cases where the sentence is death, though it can still be used in other criminal appeals. It also amends Rule 27 of the Utah Rules of Criminal Procedure to clarify that a death sentence is automatically stayed as provided by law, and that defendants seeking to stay incarceration pending a new trial motion or appeal must meet specific criteria, including obtaining a certificate of probable cause and demonstrating they are not a flight risk and do not pose a danger to others. The resolution also outlines various conditions of release that a court may impose if a defendant is granted a stay of incarceration.

Justice

https://le.utah.gov/~2026/bills/static/HJR028.html