The Appellate Group

State v. Modes

State v. Modes, 2023 UT App 104 (Harris, J.)


After directly appealing his conviction, defendant filed a petition for post-conviction relief under the Post-Conviction Remedies Act (PCRA). The district court dismissed the petition. The Utah Court of Appeals affirmed, holding:

  • The district court correctly dismissed the petition because the defendant either did raise or could have raised each of his claims on direct appeal.
  • Practice tip: The court left open the question of whether some claims for post-conviction relief are viable even if they violate the procedural bars of the PCRA.
  • Practice tip: The court flagged the issue of whether PCRA claims are eligible for plain-error review.

Read the full court opinion