State v. Jones
State v. Jones, 2025 UT App 56 (Luthy, J.)
Criminal Law
The Utah Court of Appeals held:
- Counsel did not perform deficiently by not objecting to Deputy’s testimony under Utah Rules of Evidence 701 and 602 because the testimony did not include a legal conclusion and was grounded in personal perception.
- Counsel performed deficiently by failing to present evidence that Deputy 2 was standing on the curb, not in the street, when Defendant passed, and this prejudiced Defendant against the charge of assault against a peace officer specific to Deputy 2.