Gregg v. State
2012 UT 32
| Utah | 2012Background
- Gregg was convicted of rape in 2003 and sentenced to an indeterminate term of five years to life.
- He sought post-conviction relief under the PCRA, which the district court dismissed as procedurally barred.
- The case focuses on whether Gregg received ineffective assistance of trial and appellate counsel, a violation of the Sixth Amendment.
- The majority holds that procedural bar is overcome because of ineffective assistance, vacates the conviction, and remands for a new trial.
- The court treats Gregg’s amended petition as a first amended petition due to clerk/agency procedural errors in service.
- The record shows disputed testimony about consent, with key evidence allegedly omitted by trial counsel (LDSSO emails and a 47-minute window between calls).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether amended PCRA petition is a first petition | Gregg argues amended petition should be treated as new petition due to improper service | State contends it is a successive petition | Amended petition treated as first petition; procedural errors excused |
| Ineffective assistance of trial counsel | Failure to investigate LDSSO emails and 47-minute window prejudiced defense | Counsel's decisions were reasonable tactical choices | Trial counsel ineffective; prejudice shown; remand appropriate |
| Ineffective assistance of appellate counsel | Appellate counsel failed to raise obvious trial-counsel ineffectiveness | Appellate strategy may omit weaker claims | Appellate counsel ineffective; prejudice shown |
| PCRA preclusion and its exceptions | Claims were not precluded because ineffective assistance exceptions apply | Claims were precluded as they could have been raised on direct appeal | PCRA preclusion overcome via ineffective-assistance exception |
| Disposition on the merits | Evidence supports acquittal if counsel had presented impeaching material | Record supports conviction regardless of the omitted evidence | Conviction vacated; remanded for new trial |
Key Cases Cited
- State v. Templin, 805 P.2d 182 (Utah 1990) (deficient duty to investigate can violate Strickland when affecting credibility)
- Lafferty v. State, 175 P.3d 530 (Utah 2007) (for ineffective-assistance of appellate counsel standard under Strickland)
- Gardner v. State, 234 P.3d 1115 (Utah 2010) (avoid addressing constitutional issues when not required)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test: deficient performance and prejudice)
- State v. Bluff, 2002 UT 66, 52 P.3d 1210 (Utah 2002) (standard for reviewing post-conviction claims following trial verdict)