The Appellate Group

State v. Slater

State v. Slater, 2026 UT App 60 (Mortensen, J.)

Criminal Law

The Utah Court of Appeals held:

Trial counsel did not render ineffective assistance by withdrawing an entrapment jury instruction because it was an objectively reasonable strategic choice when (1) Defendant’s testimony disproved entrapment, and (2) it was reasonable to abandon the entrapment defense to focus on a more viable defense of a lack of mens rea.

Practice tip:

Defense attorneys have wide latitude to make tactical decisions to protect the integrity of their preferred theory of the case by not advancing a contradictory theory.

Read the full court opinion