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Appeals court weighs whether a four‑minute justice‑court trial denied McCraw effective assistance
Summary
The Utah Court of Appeals heard arguments that a defendant received ineffective assistance of counsel after a truncated justice‑court proceeding in which defense counsel declined to make opening or closing statements or to cross‑examine witnesses.
The Utah Court of Appeals heard argument in Senior City v. Denver McCraw on whether counsel’s limited participation during a shortened justice‑court trial amounted to ineffective assistance of counsel.
Appellant Denver McCraw argues that her attorney effectively conceded guilt by failing to make an opening statement, cross‑examine witnesses, move for a directed verdict, or present any closing argument during what the appellant’s counsel characterized as a roughly four‑minute trial. Appellant’s attorney, Dylan Carlson, told the court that "when a trial has lost its adversarial character, then at that point it can no longer be reliable." Carlson said the lack of adversarial testing deprived the proceeding of the reliability the Constitution requires.
Why it matters: The case raises whether a defense lawyer’s choice to limit advocacy during a shortened, proffered…
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