State v Legg

Legg sought review of the Utah court of Appeals decision that his appeal of probation violation was moot. The Court affirmed. It first held a panel of the Court of Appeals has power to overrule Court of Appeal’s panel precedent using the same Eldridge factors as the Court uses when deciding whether to overturn its own precedent and the panel here did an excellent job in overturning precedent and holding no collateral legal consequences could be presumed in a probation revocation case. It held that appeal here was moot as Legg has completed his term for probation revocation, unlike criminal convictions there are no legally mandated consequences which necessarily flow from a revocation in all cases and the grounds argued by Legg either require Legg violate the criminal code again or are highly speculative, and Legg failed to demonstrate any actual collateral legal consequences in this case.