The Appellate Group

State v. Hofeling

State v. Hofeling, 2025 UT App 180 (Mortensen, J.)

Criminal

The Utah Court of Appeals held:

  • The district court did not err in denying Defendant’s motion for a directed verdict because there was ample evidence to establish beyond a reasonable doubt that he was guilty on both counts of sexual battery. 
  • Defendant did not demonstrate prejudice on his ineffective assistance of counsel claim. 
  • Practice tip: Allusions or direct references to Hitler, Nazis, and the Holocaust rarely constitute sound trial strategy.

Read the full court opinion