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Utah Supreme Court hears argument in State v. Labrum over limits on refiling criminal charges
Summary
At oral argument in State v. Labrum, the state urged the Utah Supreme Court to relax a longstanding rule that can bar prosecutors from refiling charges after a magistrate declines to bind over, proposing a single, corrective refiling as-of-right; defense counsel warned that loosening the rule risks judge-shopping and harassment of defendants.
The Utah Supreme Court heard argument in State v. Labrum on whether the court should modify its prior rule limiting prosecutors’ ability to refile charges after a magistrate finds no probable cause. State attorney Karen Klusnick told the justices the court should reconsider that rule because later decisions and the Victims’ Rights Amendment changed the legal landscape and because the prior opinion ‘‘was short on analysis’’ and ‘‘largely reactive’’ to the facts of the original case.
Klusnick urged the court to adopt a rule that would permit at least one corrective refiling as a matter of right, saying that approach would ‘‘cover innocent mistakes’’ and avoid unduly hamstringing prosecutors while remaining…
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