Docket Number
20240045
Document Type
Legal Brief
Publication Date
2024
Abstract
This case is before the court on Appellant James Gaines’s Rule 23B Motion (“Motion”). Pursuant to Utah Rule of Appellate Procedure 23B, this Court may “remand the case to the trial court for entry of findings of fact, necessary for the appellate court’s determination of a claim of ineffective assistance of counsel.” Utah R. App. P. 23B(a). A rule 23B motion must be based “upon a nonspeculative allegation of facts, not fully appearing in the record on appeal, which, if true, could support a determination that counsel was ineffective.” Id. Mr. Gaines has put forth nonspeculative allegations of facts, not fully
Recommended Citation
Legal Brief, STATE OF UTAH, Plaintiff / Appellee, vs. JAMES ERWIN GAINES, Defendant / Appellant. : ORDER OF REMAND, No. 20240045 (2024).
https://digitalcommons.law.byu.edu/uofu_ca1/475
Comments
EMILY ADAMS FREYJA JOHNSON RACHEL PHILLIPS AINSCOUGH The Appellate Group MARIAN DECKER Assistant Solicitor General DEREK E. BROWN Utah Attorney General NICHOLAS CAINE Weber County Attorney’s Office Counsel for Appellant Counsel for Appellee