The Appellate Group

State v. Holm

State v. Holm, 2020 UT App 96 (Hagen, J.)


The defendant ran a red light and hit another car, causing the death of a passenger. After a trial and an appeal, the defendant was tried again by jury, and the jury convicted him of negligent homicide. The Utah Court of Appeals affirmed, holding:

  • The defendant did not demonstrate that he was harmed when the district court required that the fact stipulations in the first trial be used in the second trial.
  • A photograph of the injured passenger in the car with probes attached to his bare chest and a little blood was not more prejudicial than probative and thus properly admitted into evidence. 
  • The jury instructions properly distinguished between ordinary negligence and criminal negligence. 
  • Because the defendant did not have his headlights on, went through an intersection at a high rate of speed, and drove irresponsibly, there was sufficient evidence for the jury to convict him of negligent homicide.

Read the full court opinion