State v. Taylor
State v. Taylor, 2023 UT App 134 (Luthy, J.)
Criminal
The district court revoked the defendant’s pretrial release after determining he had been exaggerating his health problems to avoid trial. The defendant appealed. The Utah Court of Appeals affirmed, holding:
- The district court did not exceed its discretion in denying the defendant’s request for a continuance.
- The district court’s conclusion that the defendant failed to appear at scheduled hearings was clearly erroneous. The Court of Appeals nonetheless affirmed a material change of circumstances justifying a modification of the defendant’s pretrial detention status.
- Practice tip: Requesting and obtaining continuances–even on false pretenses–is “not the same thing” as failing to appear at scheduled hearings.
- Judicial tip: A court may conclude, where supported by the record, that a defendant who has engaged in persistent deception to avoid trial is an increased flight risk.
