State v. Amboh
State v. Amboh, 2023 UT App 150 (Orme, J.)
Amboh was charged with interfering with a peace officer and operating a motor vehicle without insurance. On appeal, she asserted her counsel was ineffective for failing to object to hearsay evidence regarding the vehicle’s uninsured status. The Utah Court of Appeals reversed in part, holding in part:
- Amboh made a prima facia showing of ineffective assistance because the verbal statements of an insurance agent were hearsay and, without those statements, the County’s case was only weakly supported by the evidence.
- Practice tip: When an appellee does not file a brief, the appellant need only establish a prima facie showing of a plausible basis for reversal.