The Appellate Group

State v. Harris

State v, Harris, 2025 UT 48 (Hagen, J.)

Criminal

The Utah Supreme Court held:

  • It lacked jurisdiction over Defendant’s appeal because, though a criminal defendant has a statutory right to an expedited appeal from a pretrial status order and this statute applies to an order denying a motion for pretrial release, Defendant did not appeal the ruling that ordered his pretrial detention.
  • Practice tip: Section 77-20-209 of the Utah Code, which allows criminal defendants the right to an immediate, expedited appeal from a pretrial status order that orders the individual be detained while awaiting trial, applies to order denying a motion for pretrial release and orders granting a motion to modify that results in ordering the defendant to be detained. But it does not apply to the denial of a motion to modify an existing order of detention. 

Read the full court opinion