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Court hears dispute over lost trial transcript and new-trial order in Provo City appeal
Summary
In Provo City’s appeal of a trial-court order granting a new trial (case no. 20230687), the panel heard arguments over preservation of a tolling defense, whether the City preserved State v. Strand issues, and whether the trial court properly granted a new trial after most of the trial transcript was lost.
Nick Muellstein, appearing for Provo City as appellant, told the panel the primary question is whether the trial court failed to account for statute-of-limitations tolling and whether the City preserved that argument. Muellstein said the chambers conference discussing a last-night motion was not recorded, which complicated the preservation record, but argued the tolling point had been raised in prior proceedings and preserved.
Defense counsel Neil Skalson told the court…
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