Utah

State v. Carter (20190708-CA)

Questions Presented: 

  1. When a defendant argues on appeal that his attorney was ineffective for not filing a motion in the district court, should the appellate court review the merits of that unfiled motion before deciding whether the attorney was ineffective?
  2. In ruling on Petitioner Douglas Carter’s ineffective assistance of counsel claim brought for the first time on appeal, did the majority of the Utah Court of Appeals erroneously conclude that it need only consider whether a specific district court would have denied an unmade directed verdict motion, even if that denial was wrong as a matter of law, rather than consider the merits of the motion?

Clinic:   BYU Criminal and Civil Rights Appeals Clinic

Briefing:   

Result:  Pending.