Utah Department of Administrative Services

Division of Archives & Records Service

Attorney General's Office. Appellate Division

6400--Death penalty case files
6410--Post conviction/habeas corpus case files
6847--Criminal appeals case files

AGENCY: Attorney General's Office. Appellate Division

SERIES: 6400
TITLE: Death penalty case files
DATES: 1896-
ARRANGEMENT: Alphabetical by surname, thereunder numerical by case number
ANNUAL ACCUMULATION: 1.00 cubic foot.

DESCRIPTION: These files document automatic appeals to the Supreme Court by defendants convicted of capital offenses. The Attorney General's Office is responsible for representing the State of Utah in these proceedings. Information includes defendant's name, court case number, nature of the crime, facts of the case, degree of the crime, duration of the sentence imposed, claims of error on appeal, legal arguments, and correspondence.

RETENTION

Retain 26 years.

DISPOSITION

Transfer to the State Archives permanently.

FORMAT MANAGEMENT

Paper: Retain in Office for 1 year after case closes and then transfer to State Records Center. Retain in State Records Center for 25 years and then transfer to State Archives provided no pending action or litigation.

APPRAISAL

Administrative Historical

This disposition is based on the historical value to researchers interested in the criminal justice system and capital punishment issues in the State of Utah.

PRIMARY DESIGNATION

Protected. UCA 63G-2-305 (10),(12), (13), (16), (17), (22), (23), (34), (51)

SECONDARY DESIGNATION

Public. UCA 63G-2-301 (2008)


AGENCY: Attorney General's Office. Appellate Division

SERIES: 6410
TITLE: Post conviction/habeas corpus case files
DATES: 1896-
ARRANGEMENT: Alphabetical by surname, thereunder chronological by year
ANNUAL ACCUMULATION: 10.00 cubic feet.

DESCRIPTION: These files document cases where civil petitions for post-conviction relief and/or writs of habeas corpus have been filed in a state or federal district court by a convicted felon. Such petitions challenge the legality of the petitioner's imprisonment and/or conviction. The Attorney General's Office is responsible for representing the State when a response to a post-conviction/habeas corpus petition is required by the court. These files contain a complete record of the post-conviction or habeas corpus case. These records contain unique information in rough notes or drafts assembled or created and used to prepare or analyze other documents. The information adds proper understanding to the formulation and execution of policies, decisions, actions, or responsibilities.

RETENTION

Retain 26 years.

DISPOSITION

Destroy.

FORMAT MANAGEMENT

Paper: Retain in Office for 1 year after case is closed and then transfer to State Records Center. Retain in State Records Center for 25 years and then destroy provided no pending action or litigation.

APPRAISAL

Administrative Legal

This disposition is based on Utah State General Records Retention Schedule, Schedule 1, Item 33.

This disposition is based on the maximum period of incarceration during which a complainant with good cause may petition the court of jurisdiction for a Writ of Habeas Corpus (RCP 65B (i)(4) (1988)), and the Utah State Courts records retention schedule.

PRIMARY DESIGNATION

Private. UCA 63G-2-301

SECONDARY DESIGNATION

Public. UCA 63G-2-301(f) (2008)

Controlled. UCA 63G-2-304 (2008)


AGENCY: Attorney General's Office. Appellate Division

SERIES: 6847
TITLE: Criminal appeals case files
DATES: 1896-
ARRANGEMENT: Alphabetical by surname, thereunder chronological by year
ANNUAL ACCUMULATION: 20.00 cubic feet.

DESCRIPTION: These files document criminal appeals in which the Attorney General's Office represents the State of Utah. The Attorney General's office is responsible for representing the state when a district court decision involving a felony charge or any juvenile court adjudication of delinquency is appealed to the State Supreme Court, Court of Appeals, or any federal court. These files contain a complete record of the case on appeal.

RETENTION

Retain 26 years.

DISPOSITION

Transfer to the State Archives permanently.

FORMAT MANAGEMENT

Paper: Retain in Office for 1 year after case closes and then transfer to State Records Center. Retain in State Records Center for 25 years and then transfer to State Archives.

APPRAISAL

Administrative Historical

This disposition is based on the Utah State Courts records retention schedule which mandates that appellate records be retained permanently. Capital case files have a secondary historical value and are retained permanently for appellate and research purposes.

PRIMARY DESIGNATION

Private. UCA 63G-2-301

SECONDARY DESIGNATION

Controlled. UCA 63G-2-304 (2008)