Deficient Appellate Counsel Can be Discharged

State of Utah v. Smith, 2010 UT App. 231, (Utah Court of Appeals August 19, 2010).

This matter came before the Court of Appeals on the Motion to Strike Appellants Brief and Appoint New Counsel.  This motion is Granted because of current counsel’s failure to adequately comply with the rules of appellate procedure.  The brief failed to supply a summary of the proceeding, had only a very brief statement of facts, failed to cite the standard of review, and failed to make citations throughout.  It contained a summary of the argument, but no full argument section.  Because it was so lacking, the brief was stricken and counsel discharged.  The case is remanded to the district court to appoint new counsel.

Additional note:  This same attorney had a previous brief stricken on similar grounds in 2008.  Generally, the Court gives an attorney time to cure the defects in the brief, however, because of this attorney’s failure to take advantage of the opportunity to cure in a prior case, no opportunity to cure was allowed in this case.

Full Decision available at   http://www.utcourts.gov/opinions/appopin/smith081910.pdf