Linux Lawyering Blog

Nearly 100 years ago the Utah Supreme Court decided Weaver v. Kimball, 202 P. 9 (Utah 1921). There, the court determined that the Utah Constitution gave the petitioners in the case "an unqualified right of appeal regardless of the plea entered," in that case a guilty one. Id. at 10. What's interesting about that is not the proposition itself, but the fact that modern Utah Supreme Court caselaw holds the opposite, even though the court routinely cites to Weaver as good law.