Utah Court Vacates Petitioner’s Convictions for Violating Ogden Gang Injunction

Affiliate: ACLU of Utah
June 11, 2015 1:00 pm

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OGDEN, UT— Late last week, the Second District Court of Utah filed an order vacating two misdemeanor convictions against Leland McCubbin for violating the so-called Ogden Gang Injunction. That injunction placed various restrictions on those served with it, including a curfew and prohibition on being seen in public with other alleged gang members in Ogden. In October 2013 the Utah Supreme Court vacated the injunction due to improper service. Mr. McCubbin, represented by the ACLU of Utah and cooperating attorney Randall Richards of Richards Brown Law, later brought a petition under the state Post Conviction Remedies Act to expunge his record of his two misdemeanor convictions related to violations of that injunction.

In a comprehensive ruling granting Mr. McCubbin’s petition, the Court held that the convictions should be vacated because the convictions were obtained in violation of Mr. McCubbin’s rights under the state and federal constitutions, and because the Utah Supreme Court announced a new rule that applied to Mr. McCubbin.

“I am elated with the Court’s order,” said Mr. McCubbin. “Having these unfair convictions off my record is like a weight off my shoulders. Being wrongly subjected to the injunction was hard enough, but being convicted of breaking it added insult to injury,” he continued.

“The Court’s order is a big victory for the rights of all Utahns,” said John Mejia, Legal Director of the ACLU of Utah. “It sends the clear message that no matter what your standing in society is, when the government does not follow the state and federal constitution in every aspect of prosecuting you, any resulting conviction will not stand,” he concluded.

“We are encouraged by this outcome, but work remains to be done,” said Leah Farrell, Staff Attorney for the ACLU of Utah. “Many other people still have criminal records stemming from the injunction, and we will press on in our separate class petition seeking to expunge all of these convictions for everyone.”

For a copy more information, visit http://www.acluutah.org/legal-work/current-cases/item/887-post-conviction-remedies-act-cases

A copy of the signed order can be found here

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