Appeals court hears dispute over bail modification, jurisdiction and whether judge found ‘substantial danger’ in Stubbs case

The Utah Court of Appeals heard argument in an expedited bail appeal by the defendant identified as Mr. Stubbs over whether the district court properly denied pretrial release and whether this court has jurisdiction to review the modification order.

Appellant counsel Wendy Brown argued the district court’s order did not include the statutory language required by Utah’s bail statute — specifically the phrase “clear and convincing evidence of a substantial danger” — and that the court failed to consider available conditions of release before concluding detention was necessary. Brown asked the court to reverse and remand for a bail determination that applies the statute’s prescribed standard and that expressly weighs conditions of release.

Aubrey Bisbee, arguing for the state, urged dismissal for lack of jurisdiction or, in the alternative, affirmation. Bisbee said the modification statute requires a showing of a material change in circumstances before the district court reconsiders bail, that this appeal differs procedurally from Gross,…