State v. Tippets
State v. Tippets, 2021 UT App 78 (Hagen, J.)
Criminal
Mr. Tippets was convicted of twice sexually abusing his stepdaughter. On appeal, his claims included claims of ineffective assistance of counsel. The Utah Court of Appeals affirmed his convictions, including because:
- Defense counsel did not render deficient performance by choosing not to impeach the alleged victim with her prior testimony, as this was a reasonable trial strategy. Counsel likewise did not render deficient performance in failing to request a limiting instruction concerning a police witness’s testimony of other allegations of sexual abuse against the defendant, as that could have been a strategic decision to avoid calling attention to unfavorable testimony.