Won’t SJR 14 open Utah convictions up to more intrusive federal review?
• No. It will do the opposite. Under the status quo, every post-conviction claim is exposed to federal review on its merits. When Utah courts are required to enforce the Post-Conviction Remedies Act’s procedural bar rules, federal courts will decline to reach the merits of many claims, such as those brought out of time or in repetitive petitions. Federal courts will thus be less likely to overturn state court judgments.
Related Questions
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- How long will prior DUI convictions remain relevant for sentencing purposes in Utah?
- Won’t SJR 14 open Utah convictions up to more intrusive federal review?
