State v. Hall — Court rejects unanimity claim but warns against unbalanced Allen charge
The Utah Court of Appeals affirmed child-sex-abuse convictions while a concurrence criticized an unbalanced verdict-urging instruction.
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Appellate Procedure
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State v. Marx — Court rejects Brady and ineffective-assistance challenges
The Utah Court of Appeals affirmed child-sex-abuse and witness-tampering convictions, finding no material Brady violation or prejudicial attorney error.
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State v. Vance — Retaining stolen property is a continuing offense
The Utah Court of Appeals held that retaining stolen property can continue until possession ends, making the prosecution of a stolen skid steer timely.
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State v. Perez — Jurors’ Brief Hands in Voir Dire Did Not Compel For-Cause Removal; Ineffective Assistance Claim Fails
The Utah Court of Appeals affirmed convictions for aggravated burglary and related charges, holding that trial counsel was not ineffective in declining to challenge for cause three jurors who raised their hands to leading voir dire questions and then affirmed their ability to follow jury instructions in response to the prosecutor’s follow-up.