Appeals court hears argument on whether district judges must formally acknowledge post‑conviction counsel factors in Washington v. State

At a special session of the Utah Court of Appeals held in Southern Utah University's Great Hall, three appellate judges heard oral argument in Washington v. State over whether a district court abused its discretion by failing to acknowledge and engage statutory factors when it denied a post‑conviction request for appointed counsel.

Appellant counsel Vincent Miller told the three‑judge panel the district court “failed to review the filings as a whole” and did not engage the statutory factors the petitioner asked the court to consider, arguing the omission requires reversal or a remand for a hearing on appointment of counsel. The state countered that the petitioner’s argument was buried in a supporting memorandum and that…