State v. Mason
State v. Mason, 2024 UT App 171 (Tenney, J.)
Criminal
Defendant was convicted of aggravated assault. On appeal, he argued he received ineffective assistance of counsel. The Utah Court of Appeals affirmed, holding:
- Counsel’s failure to object to prosecutor’s statement to several witnesses was not prejudicial.
- Counsel’s failure to object to prosecutor’s statement during closing was not deficient.
- Counsel’s failure to renew a pro se motion was not prejudicial.
- Practice tip: A claim that counsel violated the duty of loyalty requires “a threshold showing that a conflict actually existed.”