State v. Herrera
State v. Herrera, 2025 UT App 1 (Oliver, J.)
Criminal
The Utah Court of Appeals held:
- Defendant could not show he was prejudiced by his counsel’s failure to object under Evidence Rule 616 to his unrecorded custodial interrogation during the State’s case in chief.
- Counsel was not deficient in objecting to an officer’s testimony opining on the defendant’s credibility.
- Defendant could not show prejudice from counsel’s failures.
- Practice tip: If a witness responds to a general question with an answer discussing the defendant’s credibility, it may be a sound trial strategy not to object to the improper testimony.