Lucero v. Kennard

¶ 15 I respectfully dissent from the majority’s opinion.

I. The District Court’s Jurisdiction to Hear a Petition for Extraordinary Relief

¶ 16 It is unquestionably true that a defendant’s right to appeal a justice court conviction to a district court for a trial de novo satisfies the various state and federal constitutional guarantees relating to due process and the right to appeal. See, e.g., North v. Russell, 427 U.S. 328, 337, 96 S.Ct. 2709, 2713, 49 L.Ed.2d 534 (1976); City of Monticello v. Christensen, 788 P.2d 513, 516 (Utah 1990). The question before us, however, is not one of…