State v. Lovell
State v. Lovell, 2024 UT 25 (Pearce, J.)
Constitutional
Defendant was convicted of aggravated murder and received a death sentence. After multiple appeals, Defendant brought the underlying appeal. The Utah Supreme Court affirmed in part and reversed in part, holding:
- The admission at trial of Defendant’s prior testimony—from a vacated guilty plea—was harmless.
- Defendant received ineffective assistance of counsel during the penalty phase of trial. The court vacated the death sentence and remanded for further proceedings.
- Practice tip: The court clarified that in a rule 23B remand, the rule limits the district court to making factual findings and not legal conclusions.
- Practice tip: The court cautioned that “religiously themed testimony can sometimes exert a powerful pull, and counsel and courts must be on-guard for religious testimony that might unduly prejudice a defendant.”
