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Utah Supreme Court hears challenge over whether state must disprove self‑defense to deny bail in State v. Jennings
Summary
At oral argument in State v. Jennings, counsel disputed whether the State must disprove a defendant’s claim of self‑defense at a bail hearing and whether the prosecution met the "substantial evidence" standard needed to deny bail. The court took the case under advisement.
At oral argument in State v. Jennings, the Utah Supreme Court heard competing views about the reach of the constitutionally protected right to bail and what the State must prove to deny it. "The right to bail is a fundamental right," petitioner’s counsel Eric Grange told the court, arguing that to deny Jennings the opportunity to post bail the State must present "substantial evidence of the alleged offense" that justifies pretrial incarceration. Grange told the court the State failed to present substantial evidence of mens rea and that the record raised self‑defense questions the State did not disprove.
Emily Safra, arguing for the State of Utah, urged the court to affirm the lower courts,…
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