Cedar City v. McCraw
Cedar City v. McCraw, 2025 UT App 123 (Christiansen Forster, J.)
Criminal
The Utah Court of Appeals held:
- Counsel was ineffective for failing to move for a directed verdict on criminal mischief charge.
- Judicial tip: A defendant charged with a crime has a constitutional and statutory right to be present at trial, and as such, it is incumbent upon the trial court to ensure that a non-appearing defendant has voluntarily absented herself from the trial.
- Practice tip: In the context of a motion for directed verdict, the court’s unspoken assumption cannot excuse the prosecution’s burden to prove each element of a charged crime beyond a reasonable doubt. Where a gap exists in the evidence, reasonable defense counsel must challenge that lack of evidence.