The Appellate Group

State v. Cissel

State v. Cissel, 2024 UT App 139 (Mortensen, J.)

Criminal Law

Defendant was convicted of driving under the influence. Defendant appealed arguing counsel rendered ineffective assistance in (1) not seeking a specific unanimity instruction and (2) not moving to suppress evidence. The Utah Court of Appeals affirmed, holding: 

  • Counsel did not perform deficiently in either way, and the district court did not plainly err with regards to the jury instruction. 
  • Practice tip: Unanimity requirements apply to cases where multiple-acts are presented to the jury to support fewer charges than acts.

Read the full court opinion