State v. Dew
State v. Dew, 2025 UT App 22 (Luthy, J.)
Criminal Law
The Utah Court of Appeals held:
- The district court did not err in denying Defendant’s motion to dismiss because the State did not violate Defendant’s due process rights in its handling of the evidence.
- The verdict was supported by sufficient evidence.
- The court did not plainly err by failing to intervene when the State made improper statements in closing argument, and trial counsel did not provide ineffective assistance for failing to object.
- Practice tip: There is no Tiedemann violation where the defendant has not shown that the evidence was destroyed or shown a reasonable probability that the evidence was exculpatory.