State v. Mclain (amended opinion)
State v. Mclain, 2026 UT App 4 (Tenney, J.) (amended opinion)
Criminal
The Utah Court of Appeals held:
- In an amended opinion, the court determined that exceptional circumstances allowed review of an additional unpreserved sufficiency claim when it already determined that the district court failed to ensure Defendant had knowingly and intelligently waived his right to counsel.
- The district court did not err by failing to issue a directed verdict. Evidence regarding other acts was admissible as intrinsic to the facts of the case or under rule 404(b).
- Practice tip: Under Utah law, while a defendant is not entitled to hybrid counsel, a defendant is entitled to standby counsel, where counsel is available to help if and when the defendant requests it.