State v. Clark, 2011 UT 23

Summary

The Supreme Court of Utah held that minor crime victims lacked a statutory or constitutional right to appeal a restitution order because the statutory appeal provision was not in effect when they filed their appeal. The court rejected applying the reinstated provision retroactively and dismissed the appeal for lack of jurisdiction.

Holdings

1. The victims lacked a statutory or constitutional right to appeal because Utah law provided no effective right of appeal for crime victims when they filed their appeal.
2. The law governing a procedural right of appeal is the law in effect when the procedural act—here, filing the appeal—occurred, not the law in effect when the underlying criminal conduct occurred.
3. The court could not revive or extend the statutory right of appeal based on speculation that the Legislature's repeal was inadvertent or unfair.

Questions Presented

1. Whether the minor crime victims had a statutory or constitutional right to appeal the district court's restitution order when they filed their appeal on June 19, 2009.
2. Whether the victims' right to appeal could be determined under the version of the statute in effect when the underlying criminal conduct occurred rather than the version in effect when the appeal was filed.
3. Whether the Utah Supreme Court could recognize a one-time equitable exception based on the Legislature's alleged inadvertent repeal of the victims' appellate right.

Disposition

dismissed