The Appellate Group

State v. Morgan

State v. Morgan, 2023 UT App 119 (per curiam)


Defendant appealed his parole revocation. The Court of Appeals reversed and remanded, holding:

  • Defendant made a prima facie showing that his counsel was ineffective because counsel did not present mitigating evidence that Defendant was amenable to drug treatment.
  • Practice tip: When, as here, the State does not respond to a defendant’s appeal, the defendant need only establish a prima facie showing of a plausible basis for reversal to succeed.  

Read the full court opinion