State v. Sombra-Delgado
State v. Sombra-Delgado, 2025 UT App 83 (Oliver, J.)
Criminal
The Utah Court of Appeals held:
- Trial counsel did not perform deficiently by not objecting to four answers the State’s expert gave during cross-examination because (1) it was strategic not to draw attention to the answers, and (2) the use of “rare” and “very rare” to describe delayed disclosure in child sexual abuse cases is just as permissible as using “common” or “uncommon.”
- Practice tip: In criminal cases, courts are reluctant to second-guess trial counsel’s decisions about objecting to unfavorable testimony.