Randall W. Richards

Email: Randy@arplegal.com

Education

Juris Doctorate, University of Utah College of Law 1984
Bachelor of Science, University of Utah 1981

Professional Licenses /Memberships

Supreme Court of Utah, licensed for practice in all State Courts
United States Supreme Court,
U.S. Federal Circuit Court of Appeals 10th Circuit
U.S. Federal Circuit Court of Appeals 2nd Circuit
U.S. District Court, Utah
U.S. District Court, New York, pro hac vice
Member Utah Association of Criminal Defense Attorneys
Member National Association of Criminal Defense Attorneys
Member Utah State Bar Association
Former President of Weber County Bar Association

Rule 38b Qualifications

Rule 38B of the Utah Rules of Appellate Procedure establishes criteria for appointed appellate counsel to include briefing the merits of at least 12 appeals.

196 briefs to the Utah Supreme Court or Court of Appeals
2 briefs to U.S. 10th Circuit Court Denver, Colorado
Brief to U.S. 2nd Circuit Court, New York, New York
2 Petitions to the Supreme Court of the United States
Brief to U.S. Military Court of Appeals Baltimore, Maryland

Continuing Education

Rules of Professionalism & Civility-December 12, 2008
"The Frailties of Eyewitness Identification"- October 16, 2008
UACDL Death Penalty Seminar November 16, 2007 Salt Lake City Utah,
Making a Case for Life, Death Penalty Seminar September 23-25, 2007 Las Vegas Nevada,
Criminal Defense Seminar Oregon Criminal Defense Lawyers- November 7, 2005
Weber County Bar, Criminal Law Updates-May 28, 2004
California Public Defenders Assoc.-2003 Capital case Defense Seminar- February 2003
Weber County Bar-Jury Selection Strategies, March 28, 2002
NACDL “Appellate Law Practice” New Orleans December 2001
Action West Video Production-Mock Trial- May 1, 2000
National Legal Aid Defender Association- Capital Defense Seminar “Life in the Balance” March 2001
Court Martial Seminar Hill Air Force Base “Crime and Punishment”-April 30, 1999

Capital Homicide Defenses

State v. Perea, 2nd District Court, Weber lead trial counsel, Pending
State v. Griffin, 1st District Court, Box Elder, 2005-2008 lead trial counsel Resulted in conviction, Life without parole, Motion for new trial pending
State v. Randolph, 2nd District Court, Davis 1992 motion counsel Resulted in acquittal
State v. Smith, 2nd District Court, Weber 1986-1987 trial co-counsel Resulted in Plea Bargain, to 1st Degree murder, 5 year to life prison
State v. Flores, 2nd District Court, Weber 1985-1986 trial co-counsel Resulted in conviction, reversed on appeal. Second trial resulted in conviction on Manslaughter charge, 1-15 years prison

Federal Appellate Court Appearances
Supreme Court of the United States

Petition for Writ of Certiorari State v. Cahoon, 2009
Petition for Writ of Certiorari U.S. v. Jespersen 1995

10th Circuit Court of Appeals, Denver Colorado

US. v. Engstrom 965 F.2d 836 (C.A.10 (Utah),1992)
US. v. Hamilton 413 F.3d 1138 (C.A.10 (Utah), 2005)

2nd Circuit Court of Appeals, New York, New York

U.S. v. Jespersen 65 F.3d 993 C.A.2 (N.Y.),1995

U.S. Military Court of Appeals, Baltimore, Maryland
Appellate arguments 1995

State Appellate Court Appearances
Published Opinions, Supreme Court of Utah,

State v. Cahoon, 203 P.3d 957 (Utah 2009)
State ex rel. Z.C. 165 P.3d 1206 (Utah,2007)
State v. Flores 777 P.2d 452 (Utah,1989) (Capital Homicide Appeal and reversal)
State v. Beckstead 140 P.3d 1288 (Utah, 2006)
State v. Carreno 144 P.3d 1152 (Utah,2006)
State v. Carpena 714 P.2d 674 (Utah,1986)

Published Opinions, Utah Court of Appeals,

State v. Dominguez 206 P.3d 640 (Utah App. 2009)
State v. Roybal 191 P.3d 822 (Utah App.,2008)
State v. Salazar 114 P.3d 1170 (Utah App.,2005)
State v. Nelson 157 P.3d 329 (Utah App.,2007)
State v. Richins 86 P.3d 759 (Utah App.,2004)
State ex rel. D.T. 134 P.3d 1148 (Utah App.,2006)
State v. Tehero 147 P.3d 506 (Utah App.,2006)
State v. Marble 157 P.3d 371 (Utah App.,2007)
State v. Doran 158 P.3d 1140 (Utah App.,2007)
State ex rel. Z. C. 128 P.3d 561 (Utah App.,2005)
State v. Atkin 135 P.3d 894 (Utah App.,2006)
State v. Gallegos 147 P.3d 473 (Utah App.,2006)
Rotta v. Hawk 756 P.2d 713 (Utah App.,1988)
State v. Bernert 100 P.3d 221 (Utah App.,2004)
State v. Hall 184 P.3d 636 (Utah App.,2008)
State v. Beckstead 100 P.3d 267 (Utah App.,2004)
State v. Castillo 170 P.3d 1147 (Utah App., 2007)
Eddy v. Albertson's, Inc. 34 P.3d 781 (Utah,2001)
State v. Dominguez 72 P.3d 127 (Utah App.,2003)
State v. Martinez 182 P.3d 385 (Utah App.,2008)
State v. Hodge 196 P.3d 124 (Utah App.,2008)

Utah Rules Of Criminal Procedure Rule 8 Trial Qualifications

Rule 8 Capital Homicide defense qualified and accepted in the following jurisdictions:

Utah State Capital Defense panel attorney
First Judicial District Court Box Elder County
Second Judicial District Court Weber County

Trial experience for Rule 8 qualification

State of Utah vs. Glenn Griffin, First District, Box Elder County, Case No. 051100219, Murder Capital Felony
State of Utah vs. Andrew Weisberg, Second District, Weber County Case No.001904678, Filed-10-25-00
State of Utah vs. John Sorensen, Second District, Davis County, Case No. 001700147, Filed 2000, False/Fraudulent Insurance Claim 2nd Degree Felony
State of Utah vs. Sara Jones, First District Court, Box Elder County, Case No. 951100109 Issue Bad Check/Draft- 3rd Degree Felony
State of Utah vs. Daniel Jensen, First District Court, Case No.001100062, Filed 2000
U.S. v. Engstrom (U.S. 10th Cir.) Trial in Utah Fed. Dist. Ct. , Case No. 91-4072 1991.
State of Utah vs. George Cash, Second District Court, Weber County, Theft 2rd Degree Felony Habitual Criminal, Supreme Court # 860014, Filed 1985
State of Utah vs. Earl Southard Case No. 891706509, Filed 1989, (2) Sodomy On A Child 2nd Degree Felony
U.S. v. Jesperson 94-1425 (U.S. Dist. Ct. New York)
State of Utah cs. Guillermo Chavez , First District Court Box Elder County, Case No. 051100268 , Filed 2005, Aggravated Assault 3rd Degree Felony, Aggravated Assault 3rd Degree Felony, Obstruction Of Justice 3rd Degree Felony
USA vs. Kenneth Hamilton 1:02CR0055 TS United States District Court 2003
State v. Wright Supreme Court #20746 1985
State v. William Florez, Supreme Court #870003
State v. George Carpena, Supreme Court 20830 1986
State of Utah vs. Alan Kelly, Second District Court, Weber County, Case No. 981900096 Attempted Rape 1st Degree Felony 2nd , Filed 1998
State of Utah vs. Oscar A Barraso-Estrada, Second District Court, Weber County, Case No. 861917610 Attempted Murder, 2nd Filed 1986.
State v. Lane Agg. Robbery 860000227 Filed 1986
State of Utah vs. Vicki Bell felony, Second District Court, Weber County, Case No. 891000474, 3rd Shoplifting1985 Weber County, a second-degree burglary of a residence. The defendant was acquitted.
State v. Johnson 1986 Weber County, Judge Wahlquist a second-degree felony theft of a motorcycle. The defendant was convicted.
State v. Anderson 1992, Weber County, Judge Roth, a second-degree felony mayhem case. The defendant was convicted of the lesser included aggravated assault charge.
State v. Scott 1986, Weber County, Judge Roth, third degree felony possession of a controlled substance. . The defendant was convicted.
State v. Oberg 1990 third degree felony violation of a protective order. The case was tried in Judge Wahlquist Court defendant was convicted.
State v. Stevens, Judge Wahlquist, a second-degree robbery case. The defendant was acquitted.
State v. Allred 1992 in Davis County Judge Memmott. The defendant was charged with shaken baby, a second-degree felony. The defendant acquitted.
State v. Michaels 1986 in Weber County, Judge Wahlquist, second-degree felony Forgery. The defendant was acquitted.
State v. Trujillo 1985, Weber County, Judge Wahlquist, first-degree felony aggravated burglary. The defendant was convicted.
State v. Renstrom 1992Weber County Aggravated Sexual Abuse. The defendant was acquitted.

State And Federal Trial Court Experience

Utah District Court, over 30 felony trials, 100's of cases negotiated
Federal District Court, Utah
Federal District Court, New York
U.S. Military Court, Utah, Notable victories include the only acquittal in 200 prosecutions during Operation Punchout
Wyoming District Court pro hac vice
Idaho District Court pro hac vice

Academic/ Teaching Experience

Adjunct Professor, Weber State University, Political Science 2060 Constitutional Law and Bill of Rights
Mock Trial coach and judge, High School and College levels, 1985 to present
Guest Commentary on Legal Issues, Standard Examiner 2007, 2008
Appeared on “The O’Reilly Factor” as legal analyst 2006 New York
Appeared on BBC documentary as legal analyst 2007 London England