713 P2D 703 - State v. Tuttle

How this case has been cited

Cited by 26 later decisions — most recently January 2019 · most notably Manning v. State (2005), Staker v. Ainsworth (1990)

2 federal appellate · 24 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

HALL, Chief Justice

¶1(dissenting):

¶2I do not share the reasoning of the Court in overturning State v. Brady.1

¶3While the Utah Constitution affords the right of appeal in all cases,2 that right may be effectively waived or abandoned. One who escapes not only abandons his appeal, he also abandons and forsakes the judicial system as a whole. He no longer relies upon it in any respect, and to dismiss his appeal for that reason is neither to be viewed as a forfeiture of a constitutional right nor as a penalty. This is particularly demonstrated by the facts of the instant case wherein Tuttle did not voluntarily return to custody with any excuse or justifi*706cation for his behavior, but in fact remained at large for a considerable length of time. Had he not been tracked down, arrested, and involuntarily returned to custody, he no doubt would have remained at large. Only because of his reincarceration does he again seek relief from the system.

¶4I would not disturb the prior dismissal of the appeal.

HOWE, J., concurs in the dissenting opinion of HALL, C.J.

¶5. Utah, 655 P.2d 1132 (1982).

¶6. Art. I, § 12.