As used in this part:

(1)

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Terms Used In Utah Code 78B-22-901

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Division: means the Indigent Appellate Defense Division created in Section 78B-22-902. See Utah Code 78B-22-901
  • Indigent individual: means :
         (9)(a) a minor who is:
              (9)(a)(i) arrested and admitted into detention for an offense under Section 78A-6-103;
              (9)(a)(ii) charged by petition or information in the juvenile or district court; or
              (9)(a)(iii) described in this Subsection (9)(a), who is appealing an adjudication or other final court action; and
         (9)(b) an individual listed in Subsection 78B-22-201(1) who is found indigent pursuant to Section 78B-22-202. See Utah Code 78B-22-102
     (1)(a) “Appellate defense services” means the representation of an indigent individual:

          (1)(a)(i) described in Subsection 78B-22-201(1)(d) or who is party to an appeal under Section 77-18a-1;
          (1)(a)(ii) in an action or on appeal for postconviction relief under Chapter 9, Postconviction Remedies Act; or
          (1)(a)(iii) in an appeal of right from an action for the termination or restoration of parental rights under Chapter 6, Part 1, Utah Adoption Act, Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental Rights.
     (1)(b) “Appellate defense services” does not include the representation of an indigent individual:

          (1)(b)(i) facing an appeal in a case where the indigent individual was prosecuted for aggravated murder; or
          (1)(b)(ii) in an action or appeal for postconviction relief under Chapter 9, Postconviction Remedies Act, if the indigent individual has been sentenced to death.
(2) “Division” means the Indigent Appellate Defense Division created in Section 78B-22-902.

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