SCM NEWS & OPINIONS

Gailey v. State, 2016 UT 35 (Aug. 1, 2016)

The court rejected a constitutional challenge and reaffirmed its case law holding that Utah’s Plea Withdrawal Statute, Utah Code § 77-13-6, procedurally cuts off a defendant’s right to a direct appeal post-sentencing. The court explained that a defendant may pursue claims challenging an invalid plea collaterally through post- conviction proceedings.