The Appellate Group

State v. Mitton

State v. Mitton, 2026 UT App 137 (Oliver, J.)

Criminal Law

The Utah Court of Appeals held:

The district court erred in denying Defendant’s motion to dismiss on double jeopardy grounds because Utah’s single criminal episode statute precludes the retrial of Defendant on the amended charges.

Practice tip:

A “physical impossibility” exception to an improper termination for double jeopardy purposes necessarily involves a tangible
impediment to proceeding with trial, such as an earthquake, fire, or other situation that renders the courthouse unusable.

Read the full court opinion