Martin v. State
Martin v. State, 2024 UT App 89 (Luthy, J.)
Post Conviction
Martin filed a petition for post-conviction relief alleging seven ineffective assistance of counsel claims. The district court granted summary judgment against Martin, and the Utah Court of Appeals affirmed, holding in part:
- The district court correctly applied the Strickland test for ineffective assistance of counsel and Counsel did not perform deficiently by failing to point out various apparent discrepancies in the victims’ initial disclosures and not objecting during an expert’s trial testimony.
- Practice tip: Appellate counsel’s briefing may be considered as part of the trial court record when assessing petitions for post-conviction relief.