Latest 2 Cases: State v. Badikyan (Criminal Law), State v. Flora (Criminal Law)

Discrimination and the “Leveling Down” Puzzle

MICHAEL C. DORF

Cornell law professor Michael C. Dorf considers how much freedom the government has to “level down” in response to a finding of impermissible discrimination. Dorf discusses several of the U.S. Supreme Court’s precedents on leveling down and points out that these decisions are difficult to reconcile with each other and leave unresolved the questions whether and when leveling down is permissible.

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State v. Badikyan

Citation: 2020 UT 3

Opinion Date: January 30, 2020

Judge: Matthew B. Durrant

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the court of appeals holding that it acted jurisdiction to hear Defendant's unpreserved claim on appeal, holding that Utah's Plea Withdrawal Statute, Utah Code 77-13-6, bars review of unpreserved claims raised as part of an appeal from the denial of a timely plea-withdrawal motion. Defendant pled guilty to attempted murder. Before he was sentenced Defendant moved to withdraw his plea. The district court denied the motion. Defendant appealed this denial and raised a new challenge under the plain error exception to the preservation rule. The court of appeals concluded that it lacked jurisdiction to entertain Defendant's unpreserved claim. The Supreme Court affirmed, holding that that the Plea Withdrawal Statute bars appellate review of unpreserved claims raised as part of an appeal of a timely motion to withdraw a guilty plea.

State v. Flora

Citation: 2020 UT 2

Opinion Date: January 30, 2020

Judge: Matthew B. Durrant

Areas of Law: Criminal Law

The Supreme Court dismissed Appellant's appeal, in which Appellant raised two new arguments, from the district court's denial of his motion to withdraw his plea under Utah Code 77-13-6, the Plea Withdrawal Statute, holding that the Plea Withdrawal Statute prohibited this Court from considering Appellant's unpreserved arguments. Appellant pled guilty to felony driving under the influence. Before sentencing, Appellant moved to withdraw his plea. The district court denied the motion. Appellant appealed and raised two new arguments under the plain error and ineffective assistance of counsel exceptions to the preservation rule. The court of appeals certified the case to the Supreme Court for original appellate review. The Supreme Court held (1) the Plea Withdrawal Statute prevents this Court from considering Appellant's unpreserved arguments; and (2) defendants may not rely on preservation exceptions when appealing the denial of a motion to withdraw a guilty plea.