The Appellate Group

State v. Talbert

State v. Talbert, 2026 UT App 97 (Harris, J.)

Criminal Law

The Utah Court of Appeals held:

(1) Defendant did not carry his burden of demonstrating that counsel rendered ineffective assistance when he chose not to object to the admission of evidence of uncharged acts of abuse.

(2) The district court did not err in denying the motion for directed verdict on Count 6.

Practice tip:

Amendments to charging documents need to be consciously made, by order or consent of the court. So, an information be amended only if the court allows it.

Practice tip:

The court noted some tension between case law (Fulton and Ortega) about regarding when a defendant must request a continuance. And it noted that the supreme court declined to recall this case to provide guidance on how to interpret and harmonize Fulton and Ortega.

Read the full court opinion

by
2026, Court of Appeals, Criminal, Q2
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PO Box 1564
Bountiful, UT 84011

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Bountiful, UT 84010

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