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McCloud v. State, 2019 UT App 35 (March 14, 2019)

Mar 14, 2019

The Court of Appeals recognized a new exception to the procedural rule barring PCRA claims that could have been raised on direct appeal.  The court held that claims that could have been raised in a Rule 23B motion will not be barred post-conviction when, as here, the record on appeal did not indicate a reasonable probability that developing those claims would have resulted in reversal.