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Utah Supreme Court Hears Challenge Over Whether Repeal Bars Prosecution in State v. Cook
Summary
At oral argument, attorneys debated whether Utah's general savings statute, 76-1-103(2), lets prosecutors continue cases after the Legislature repeals an offense; the court took the question under advisement after extended questioning about ex post facto concerns and sentencing implications.
SALT LAKE CITY — The Utah Supreme Court on Wednesday wrestled with whether a general savings statute allows the State to continue prosecuting a defendant after the Legislature repealed and replaced the criminal offense he was charged with.
Dustin Parmley, attorney for Monte Cook, told the court that "Monte Cook is being prosecuted for a crime that no longer exists" and asked the justices to reverse the trial court's ruling on the general savings statute and remand with instructions to dismiss the case with prejudice. Parmley argued the legislative changes altered the criminal elements in ways that remove criminality for some conduct and raised concerns about ex post facto application if the State proceeds under the old elements.
Daniel Boyer,…
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