Trial Court Must Strictly Comply With Utah Rule of Criminal Procedure 11(e)

State of Utah v. Douglass Anderson Lovell, 2010 UT 48, (Utah Supreme Court July 27, 2010).

Lovell pleaded guilty to the aggravated murder of Joyce Yost.  Lovell moved to withdraw his plea.  The trial court denied the withdrawal.  Lovell appealed.  At the time of entry of plea, the trial court failed to inform Lovell of his constitutional rights as required by Utah Rules of Criminal Procedure 11(e).  Because the trial court failed to strictly comply with Rule 11(e), the Supreme Court reversed the conviction and remanded the case with instructions to allow a withdrawal of Lovell’s guilty plea.  The Court further noted that it was not enough that Lovell knew of his rights from experience in previous criminal cases.  The record in each case must reflect the defendant’s knowledge of his rights and his subsequent knowing waiver of those rights.  It is not enough to assume that defense counsel sufficiently explained the rights.  Yes, it may take a little more time, but constitutional rights may not be sacrificed in the name of judicial economy.

Finally, harmless error review does not apply to Rule 11(e).  Failure to comply with Rule 11(e) results in a presumption of harm to the defendant.

Full Decision available at  http://www.utcourts.gov/opinions/supopin/Lovell4072710.pdf