As used in this part: (1) (a) "Appellate defense services" means the representation of an indigent individual: (i) described in Subsection 78B-22-201(1)(d) or who is party to an appeal under Section 77-18a-1; (ii) in an action or on appeal for postconviction relief under Chapter 9, Postconviction Remedies Act; or (iii) in an appeal of right from an action for the termination or restoration of parental rights under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, Title 80, Chapter 4, Termination and Restoration of Parental Rights, or Title 81, Chapter 13, Adoption. (b) "Appellate defense services" does not include the representation of an indigent individual: (i) facing an appeal in a case where the indigent individual was prosecuted for aggravated murder; or (ii) in an action or appeal for postconviction relief under Chapter 9, Postconviction Remedies Act, if the indigent individual has been sentenced to death. (2) "Division" means the Indigent Appellate Defense Division created in Section 78B-22-902. Renumbered and Amended by Chapter 291, 2026 General Session Renumbered 7/1/2026
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