The Appellate Group

State v. Cooke

State v. Cooke, 2025 UT 6 (Pohlman, J.)

Criminal

The Utah Supreme Court held:

  • The district court correctly determined that Defendant’s prosecution may continue unabated despite repeal of the statute under which he was initially charged.
  • Practice tip: The plain language of Utah’s general saving statute, Utah Code section 68-3-5, permits a pending criminal prosecution to continue unaffected by repealing the underlying criminal offense. 

Read the full court opinion