Utah § 77-11c-403 Remedies for failure to preserve biological evidence.

Utah Statutes

§ 77-11c-403 — Remedies for failure to preserve biological evidence.

Utah·Title 77 Utah Code of Criminal Procedure·Ch. 77-11c Retention of Evidence·Part 77-11c-4 Preservation of Biological Evidence for Violent Felony Offenses

(1)(1)(a) Except as provided in Subsections (1)(b) and (2), if a court finds that biological evidence that reasonably could have been found to be exculpatory in a defendant's criminal case was not preserved in accordance with this chapter, the court may impose sanctions and remedies at the court's discretion, including:

(1)(a)(i) the grant of a new trial;

(1)(a)(ii) an instruction to the jury that evidence was not preserved as required by law;

(1)(a)(iii) the reduction of the sentence;

(1)(a)(iv) the dismissal of the criminal charge;

(1)(a)(v) the vacation of the conviction; or

(1)(a)(vi) the entry of a finding that because the evidence was not preserved in accordance with this chapter, a presumption exists that the evidence would have been exculpatory to the defendant.

(1)(b) The provisi

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(1) (1)(a) Except as provided in Subsections (1)(b) and (2), if a court finds that biological evidence that reasonably could have been found to be exculpatory in a defendant's criminal case was not preserved in accordance with this chapter, the court may impose sanctions and remedies at the court's discretion, including:
(1)(a)(i) the grant of a new trial;
(1)(a)(ii) an instruction to the jury that evidence was not preserved as required by law;
(1)(a)(iii) the reduction of the sentence;
(1)(a)(iv) the dismissal of the criminal charge;
(1)(a)(v) the vacation of the conviction; or
(1)(a)(vi) the entry of a finding that because the evidence was not preserved in accordance with this chapter, a presumption exists that the evidence would have been exculpatory to the defendant.
(1)(b) The provisions in Subsection (1)(a) apply only if:
(1)(b)(i) a defendant's appeal has not concluded;
(1)(b)(ii) a defendant's time for appeal has not expired; or
(1)(b)(iii) a defendant has received a new trial in accordance with Subsection (2)(b).
(2) (2)(a) A defendant shall seek relief under Title 78B, Chapter 9, Postconviction Remedies Act, if:
(2)(a)(i) the defendant alleges that the biological evidence that is the basis for the defendant's claim was not preserved in accordance with this chapter; and
(2)(a)(ii) (2)(a)(ii)(A) the defendant's appeal has concluded; or
(2)(a)(ii)(B) the time for the defendant's appeal has expired.
(2)(b) If a defendant obtains relief under Title 78B, Chapter 9, Postconviction Remedies Act, the provisions in Subsection (1) apply to the defendant's new trial.

Utah § 77-11c-403 (Remedies for failure to preserve biological evidence.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.