The Appellate Group

State v. Vargas

State v. Vargas, 2025 UT App 142 (Luthy, J.)

Criminal

The Utah Court of Appeals held:

  • Defendant could not show that he was prejudiced when his principle brief contained no argument or analysis attempting to demonstrate that there is a reasonable probability that the trial would have yielded a more favorable result but for the alleged error. 
  • The inconsistencies in a witness’s testimony raised only “garden-variety credibility questions” and did not render her testimony inherently improbable. 
  • Judge Tenney, concurring: Whether it be for reasons of restraint, respect, or just outright strategy, arguments analogizing to the Holocaust or Hitler should almost always be avoided.  

Read the full court opinion