The Appellate Group

State v. Hillman

State v. Hillman, 2026 UT App 147 (Orme, J.)

Criminal Law

The Utah Court of Appeals held:

(1) Trial counsel was not ineffective for failing to object to improper statements during closing argument or admission of photos of the alleged victim where improper statements and photos were not prejudicial in light of evidence presented at trial.
(2) Trial counsel was not ineffective for failing to object to alleged victim’s reading of plea statement where there was no indication that alleged victim would have an emotional reaction.
(3) Trial counsel was not ineffective for failing to redact prior convictions from plea statements where acknowledging prior convictions was part of counsel’s strategy.
(4) Trial counsel was not ineffective for failing to object to bifurcation of trial where evidence of aggravating element was undisputed.
(5) Defendant’s mandatory sentence of life without parole was not cruel and unusual.

Read the full court opinion