Utah Appellate Highlights, Utah Supreme Court, May 2018

Case summaries for Appellate Highlights are authored by members of Snow Christensen & Martineau’s Appellate Practice Group.  For more information, visit our Appellate Highlights page.

State v. Legg,

2018 UT 12 (March 27, 2018)

While the defendant’s appeal of the revocation of his probation was in process, he completed the sentence the revocation required and was released from prison.  The Court of Appeals then dismissed the appeal as moot because of the release, despite the presence of two of its prior decisions with contradictory holdings.  The Supreme Court affirmed the dismissal of the defendant’s appeal as moot and held: (1) the Court of Appeals has the same authority to overturn its own precedent as the Supreme Court does; and (2) collateral legal consequences are not presumed when an appeal from a probation revocation has otherwise become moot.