The Appellate Group

State v. Graydon

State v. Graydon, 2023 UT App 4 (Tenney, J.)


A man was arrested and charged with aggravated assault and reckless driving after pulling a gun out during an incident of road rage. Victim was unable to identify Defendant in a photo lineup and instead identified him through his Facebook profile. During trial one of the State’s witnesses alluded to a prior bad act. Defendant testified in his own defense, admitting that he had been in a physical altercation with Victim. On appeal, the defendant argued that there was insufficient evidence to convict and that the case should have been a mistrial after the witness’s allusion to prior bad acts. The Utah Court of Appeals affirmed the district court, holding:

  • The State presented sufficient evidence to support a conviction of aggravated assault.
  • The district court did not abuse its discretion when it denied the defendant’s motion for a mistrial.

Read the full court opinion