State v. Dowhaniuk
State v. Dowhaniuk, 2025 UT App 100 (Harris, J.)
Criminal
The Utah Court of Appeals held:
- The district court erred procedurally in modifying its pretrial detention order without giving the defendant an opportunity to be heard.
- The error was harmful because there was no findings of a change in circumstances that would allow the court to modify its order.
- Practice tip: Rare procedural anomalies, like where the defendant is not given a chance to respond to an opposing party’s motion, may overcome the general preservation requirement.