Utah Supreme Court hears appeal over pretrial detention, disputes whether new DNA evidence warrants release

The Utah Supreme Court heard oral argument in State v. Harris on whether a defendant has an appeal as of right from a denial of a motion to modify a pretrial detention order and whether new DNA and phone evidence requires reconsideration of detention.

At the start of the argument, a court staff member noted, "We have 1 case for today, State v Harris. Justice Pierce has recused himself" and said a visiting judge from the trial court, James Bullhatch of the Third District, would sit with the Court. The dispute framed by counsel and justices centered on two questions: (1) whether the Utah bail statute permits an appeal as of right from a modification denial of a pretrial detention order, and (2) whether newly received DNA and mirrored phone data constitute a "substantial and material change of circumstances" under the controlling statutory framework.

David Drake, counsel for the appellant, told the Court that newly received…