The Appellate Group

State v. Miller

State v. Miller, 2023 UT 3 (Pearce, J.)


Gregory Miller was charged with three counts of stalking. He requested a jury trial, and the jury found him guilty of a single count. After trial, Mr. Miller moved to arrest judgment. The district court granted his motion. On appeal, the court of appeals reversed the district court’s grant. On certiorari, the Utah Supreme Court affirmed the court of appeals, holding:

  • The Court of Appeals properly exercised jurisdiction. Utah Rules of Appellate Procedure rule 4(c) still applies to the State’s appeal, even though the district court neglected to file its final order until several years after the State filed its appeal.
  • The stalking statute says that person commits the crime of stalking if the person intentionally or knowingly engages in a course of conduct directed at a specific person and knows or should know that the course of conduct would cause a reasonable person to suffer emotional distress. The Court held, “That articulation leaves open the possibility that a defendant commits stalking . . . even if the intended victim is unaware of the defendant’s actions.”

Read the full court opinion