The Appellate Group

State v. Lucke

State v. Lucke, 2025 UT App 49 (Tenney, J.)

Criminal Law

The Utah Court of Appeals held:

  • The district court did not conduct an adequate Frampton colloquy.
  • The record does not establish that Defendant knowingly and intelligently waived his right to counsel. 
  • Practice tip: The lack of a knowing and intelligent waiver of the right to counsel constitutes structural error, so there is no need to demonstrate prejudice.

Read the full court opinion