State v. McDonald
State v. McDonald, 2025 UT App 127 (Luthy, J.)
Criminal
The Utah Court of Appeals held:
- Trial counsel rendered deficient performance by equating “likely” with a 50.1% chance; and
- The defendant was prejudiced in light of the victim’s and defendant’s relative sizes and the importance the jury placed on the word “likely” during its deliberations.
- Practice tip: When a statutory term, like the word “likely” here, is not defined in the code, the term should be given its ordinary meaning.