Appeals court hears dispute over "substantial danger" finding, jurisdiction and procedures in pretrial detention appeal

The Utah Court of Appeals on Thursday considered an appeal challenging a district court—s handling of pretrial detention for a defendant identified as Mr. Stubbs. Appellant counsel argued the district court failed to make the statutory finding of "clear and convincing evidence of a substantial danger" before denying bail and did not adequately consider available conditions of release; the state urged the appeals court to dismiss for lack of jurisdiction or, alternatively, to affirm.

Wendy Brown, arguing for the appellant, told the panel that the district court never used the required statutory language and that omission matters: "The bail statute has to be applied very strictly," she said, adding the record lacks the phrase "clear and convincing evidence" and the specific finding of…