State v. Smith
State v. Smith, 2025 UT App 35 (Luthy, J.)
Criminal
The Utah Court of Appeals held:
- The district court did not err in denying Defendant’s motion to dismiss on due process grounds because Defendant did not satisfy the threshold requirement in Tiedemann to demonstrate a reasonable probability that the evidence destroyed was exculpatory.
- Defendant did not show that counsel performed deficiently in multiple ways. Even if counsel performed deficiently, Defendant was not prejudiced.
- Practice tip: The threshold Tiedemann requirement may not be satisfied where the missing evidence preceded a decision not to prosecute if the circumstances do not indicate the decision was based on that evidence.