State v. Labrum
State v. Labrum, 2025 UT 12 (Pearce, A.C.J.)
Criminal Law
The Utah Supreme Court held:
- It declined to overturn State v. Brickey, 714 P.2d 644 (Utah 1986) and instead harmonized Brickey with case law and constitutional principles.
- Under the clarified Brickey standard: (1) The State can refile charges that were dismissed after a preliminary hearing as long as the State refiles in good faith and without intent to harass the defendant; (2) A defendant can challenge the refiling and identify actions by the State that might indicate bad faith or intent to harass, and the State can respond to the allegations. The State bears the burden of proof at this stage; (3) The district court should then consider all of the circumstances to determine whether the State acted in bad faith or with an intent to harass.
- Practice tip: The refiled case does not have to be refiled before the same judge, but courts can consider whether refiling before a different judge reflects forum shopping by the State.