RANDALL W. RICHARDS
Attorney at Law
Allen, Richards & Pace PC 2550 Washington Blvd. Suite 300
Ogden, Utah, 84401 (801) 393-9600
Email: [email protected] 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. District Court, Utah
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 8 QUALIFICATIONS
Rule 8 of the Utah Rules of Criminal Procedure establishes criteria for appointed appellate counsel in Death Penalty cases to include:
o 25 felony trials to verdict: I have tried over 40 felony trials to verdict.
o 8 hours of Capital CLE: I have attended 48 hours of capital CLE in the past 5 years.
o 1 murder jury trial to verdict: I have tried 3 capital murder trials to verdict. I have tried two penalty phase trials to verdict where the jury had to make a decision as to life or death. Both resulted in a life sentence.
CONTINUING EDUCATION
o NAACP Legal Defense Fund 33rd Annual Capital Punishment Conference July 12-15, 2012 Airlie Conference Center Washington DC
o Presenter at Literature and the Law CLE June 8, 2012. Topic Literature and the Death Penalty.
o Presenter at Defense Initiated Victim Outreach Conference at Weber State University, December 10, 2011.
o UACDL Capital Seminar- November 4, 2011, Salt Lake City, Utah
o Breath Alcohol Testing Training for Legal Professionals - Jan7, March 18, 2010 Salt Lake City Utah.
o UACDL Capital Seminar- November 5, 2010, Salt Lake City, Utah
o UACDL Capital Seminar- November 13, 2009, Salt Lake City, Utah
o Rules of Professionalism & Civility-December 12, 2008
o "The Frailties of Eyewitness Identification"- October 16, 2008
o UACDL Death Penalty Seminar November 16, 2007 Salt Lake City Utah,
Nevada,
o Criminal Defense Seminar Oregon Criminal Defense Lawyers- November 7, 2005
o Weber County Bar, Criminal Law Updates-May 28, 2004
o California Public Defenders Assoc.-2003 Capital case Defense Seminar- February 2003
o Weber County Bar-Jury Selection Strategies, March 28, 2002
o NACDL “Appellate Law Practice” New Orleans December 2001
o Action West Video Production-Mock Trial- May 1, 2000
o National Legal Aid Defender Association- Capital Defense Seminar “Life in the Balance” March 2001 Albuquerque New Mexico
o Court Martial Seminar Hill Air Force Base “Crime and Punishment”-April 30, 1999 CAPITAL HOMICIDE DEFENSES
o State v. Ethridge 2nd District Court, Weber lead trial counsel, Resulted in plea to 2 aggravated murders with stipulated 20-life sentences.
o State v. Perea, 2nd District Court, Weber lead trial counsel, Resulted in conviction, Life without parole sentence, appeal pending.
o State v. Griffin, 1st District Court, Box Elder, 2005-2008 lead trial counsel Resulted in conviction, Penalty phase resulted in life without parole sentence.
o State v. Randolph, 2nd District Court, Davis 1989 motion counsel Resulted in acquittal
o 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
o State v. Flores, 2nd District Court, Weber 1985-1986 trial co-counsel Resulted in conviction, and penalty phase resulted him a five to life prison sentence, 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,
o State v. Arave 2011 UT 84, 268 P.3d 163
o State v. Cahoon, 203 P.3d 957 (Utah 2009)
o State ex rel. Z.C. 165 P.3d 1206 (Utah,2007)
o State v. Florez 777 P.2d 452 (Utah,1989) (Capital Homicide Appeal and reversal)
o State v. Beckstead 140 P.3d 1288 (Utah, 2006)
o State v. Carreno 144 P.3d 1152 (Utah,2006)
o State v. Carpena 714 P.2d 674 (Utah,1986)
Published Opinions, Utah Court of Appeals,
o State v. Dominguez 206 P.3d 640 (Utah App. 2009)
o State v. Roybal 191 P.3d 822 (Utah App.,2008)
o State v. Salazar 114 P.3d 1170 (Utah App.,2005)
o State v. Nelson 157 P.3d 329 (Utah App.,2007)
o State v. Richins 86 P.3d 759 (Utah App.,2004)
o State ex rel. D.T. 134 P.3d 1148 (Utah App.,2006)
o State v. Tehero 147 P.3d 506 (Utah App.,2006)
o State v. Marble 157 P.3d 371 (Utah App.,2007)
o State v. Doran 158 P.3d 1140 (Utah App.,2007)
o State ex rel. Z. C. 128 P.3d 561 (Utah App.,2005)
o State v. Atkin 135 P.3d 894 (Utah App.,2006)
o State v. Gallegos 147 P.3d 473 (Utah App.,2006)
o Rotta v. Hawk 756 P.2d 713 (Utah App.,1988)
o State v. Bernert 100 P.3d 221 (Utah App.,2004)
o State v. Hall 184 P.3d 636 (Utah App.,2008)
o State v. Beckstead 100 P.3d 267 (Utah App.,2004)
o State v. Castillo 170 P.3d 1147 (Utah App., 2007)
o Eddy v. Albertson's, Inc. 34 P.3d 781 (Utah,2001)
o State v. Dominguez 72 P.3d 127 (Utah App.,2003)
o State v. Martinez 182 P.3d 385 (Utah App.,2008)
o 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:
o Utah State Capital Defense panel attorney
o First Judicial District Court Box Elder County
o Second Judicial District Court Weber County Felony Trial Experience
o State v. Ahlat, Second District, Weber County, 2011, Distribution of Controlled Substance Case convicted, No. 081901644
o State v. Augustine, Third District, Salt Lake County, 2011, Attempted Murder, convicted. Case No. 081905753 currently on appeal.
o State v Hughes Second District Court, Weber County, 2010 Theft 2nd Degree Felony Case #091900924
o State v. Ahalat Second District, Davis County, 2010, Felony Theft, acquittal 2 charges convicted 3 charges. Case No. 091702102
o State v. Ahalat Third District, Salt Lake County, 2010, Felony Theft and Forgery, acquittal. Case No. 101900645
o State vs. Bustos, Second District, Weber County, Automobile Homicide, convicted Case No. 051906366
o State vs. Riqo Perea, Second District, Weber County, Case No. 071901847 Aggravated Murder- resulted in life sentence appeal pending.
o State of Utah vs. Glenn Griffin, First District, Box Elder County, Case No. 051100219, Murder Capital Felony life sentence, appeal pending.
o State of Utah vs. Andrew Weisberg, Second District, Weber County Case No.001904678, Filed-10-25-00
o State of Utah vs. John Sorensen, Second District, Davis County, Case No. 001700147, Filed 2000, False/Fraudulent Insurance Claim 2nd Acquittal
o State of Utah vs. Sara Jones, First District Court, Box Elder County, Case No. 951100109 Issue Bad Check/Draft- 3rd Degree Felony
o State of Utah vs. Daniel Jensen, First District Court, Case No.001100062, Filed 2000
o U.S. v. Engstrom (U.S. 10th Cir.) Trial in Utah Fed. Dist. Ct. , Case No. 91-4072 1991.
o State of Utah vs. George Cash, Second District Court, Weber County, Theft 2rd Degree Felony Habitual Criminal, Supreme Court # 860014, Filed 1985
o State of Utah vs. Earl Southard Case No. 891706509, Filed 1989, (2) Sodomy On A Child 2nd Degree Felony acquittal.
o U.S. v. Jesperson 94-1425 (U.S. Dist. Ct. New York)
o 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
o USA vs. Kenneth Hamilton 1:02CR0055 TS United States District Court 2003
o State v. Wright Supreme Court #20746 1985
o State v. William Florez, Supreme Court #870003 capital homicide, convicted and appealed, reversed. Manslaughter conviction on retrial.
o State v. George Carpena, Supreme Court 20830 1986 case dismissed on appeal.
o State of Utah vs. Alan Kelly, Second District Court, Weber County, Case No. 981900096 Attempted Rape 1st Degree Felony 2nd , Filed 1998
o State of Utah vs. Oscar A Barraso-Estrada, Second District Court, Weber County, Case No. 861917610 Attempted Murder, 2nd Filed 1986.
o State v. Lane Agg. Robbery 860000227 Filed 1986
o 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.
o State v. Johnson 1986 Weber County, Judge Wahlquist a second-degree felony theft of a motorcycle. The defendant was convicted.
o 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.
o State v. Scott 1986, Weber County, Judge Roth, third degree felony possession of a controlled substance. . The defendant was convicted.
o State v. Oberg 1990 third degree felony violation of a protective order. The case was tried in Judge Wahlquist Court defendant was convicted.
o State v. Stevens, Judge Wahlquist, a second-degree robbery case. The defendant was acquitted.
o State v. Allred 1992 in Davis County Judge Memmott. The defendant was charged 4
with shaken baby, a second-degree felony. The defendant acquitted.
o State v. Michaels 1986 in Weber County, Judge Wahlquist, second-degree felony Forgery. The defendant was acquitted.
o State v. Trujillo 1985, Weber County, Judge Wahlquist, first-degree felony aggravated burglary. The defendant was convicted.
o State v. Renstrom 1992Weber County Aggravated Sexual Abuse. The defendant was acquitted.
STATE AND FEDERAL TRIAL COURT EXPERIENCE
o Utah District Court, over 30 felony trials, 100's of cases negotiated
o Federal District Court, Utah
o Federal District Court, New York
o U.S. Military Court, Utah, Notable victories include the only acquittal in 200 prosecutions during Operation Punchout
o Wyoming District Court pro hac vice
o Idaho District Court pro hac vice ACADEMIC/ TEACHING EXPERIENCE
o Adjunct Professor, Weber State University, Political Science 2060 Constitutional Law and Bill of Rights
o Mock Trial coach and judge, High School and College levels, 1985 to present
o Guest Commentary on Legal Issues, Standard Examiner 2007, 2008, 2011
o Appeared on “The O’Reilly Factor” as legal analyst 2006 New York
o Appeared on BBC documentary as legal analyst 2007 London England
