State v. Rodriguez-Ramirez
Annotate this CaseDefendant was charged with sodomy on a child and aggravated sexual abuse of a child. The criminal information was filed on May 25, 2012. After retaining private counsel, Defendant filed a motion for funding for necessary defense resources, asserting that he was indigent and that the version of the Indigent Defense Act (IDA) in effect at the time of his alleged offenses controlled the disposition of his motion for funding. Salt Lake County opposed the motion, arguing that the amendments to the IDA that became effective on May 8, 2012, which foreclose an indigent defendant in a criminal action from retaining private counsel while requesting public defense resources from the government, applied to this case. The district court denied the motion on the ground that the 2012 amendments were procedural, and therefore, applied. The Supreme Court affirmed but on a different ground, holding that the conduct being regulated by the IDA is the exercise of a mature right to indigent defense resources, and the law in effect at the time that Defendant exercised that right was the amended version of the IDA.
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