In re S.M.
In re S.M., 2024 UT App 135 (Tenney, J.)
Juvenile Law
After a bench trial, the juvenile court found that S.M. committed two counts of aggravated sexual abuse of a child and adjudicated her delinquent. S.M. appealed, arguing insufficient evidence. S.M. also sought remand under rule 23B of the Utah Rules of Appellate Procedure. The Utah Court of Appeals affirmed, holding:
- Because the children’s claims of abuse were not inherently improbable, there was sufficient evidence to support the verdict.
- Counsel was not ineffective for not requesting a continuance. The 23B remand was thus denied.
- Judicial tip: The Court acknowledged, but declined to resolve, the divergence in Utah caselaw about whether review of a bench trial requires an appellate court to review the evidence and all reasonable inferences in the light most favorable to the verdict.
- Practice tip: A defendant does not carry her burden for remand under 23B unless she proffers evidence that the evidence exists.