Layton City v. Carr
2014 UT App 227
Utah Ct. App.2014Background
- Carr appeals convictions for domestic-violence assault and commission of domestic violence in the presence of a child after a bench trial.
- The victim, A.P., woke to Carr yelling about text messages, with his clenched fist near her face and her phone in his other hand.
- A.P. fled the bedroom into a hallway where she was pushed from behind; her mother, also present, called 911.
- Police separated Carr and A.P.; Carr admitted to confronting A.P. about the text messages and holding a clenched fist above her head, but denied pushing her.
- The trial court found Carr threatened A.P. with a closed fist and concluded he had pressed, or showed force, constituting assault; Carr was convicted on one count of domestic-violence assault.
- On appeal, Carr argues insufficient evidence for the assault conviction and ineffective assistance of counsel; this Court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | Carr alleges no threat existed; evidence shows no movement toward A.P. | Carr contends lack of threat supports acquittal. | Sufficient evidence supported threat with a show of force. |
| Ineffective assistance of counsel | Carr claims counsel failed on three fronts and seeks remand for factual findings. | Carr asserts counsel erred, prejudicing outcome. | No deficient performance or prejudice shown; remand denied. |
Key Cases Cited
- State v. Walker, 743 P.2d 191 (Utah 1987) (standard for overturning verdicts after bench trials)
- State v. Davie, 264 P.3d 770 (Utah App. 2011) (reviewing bench-trial credibility on appeal)
- Salt Lake City v. Maloch, 2013 UT App 249 (Utah App. 2013) (threat by show of force can support assault)
- State v. Mangum, 318 P.3d 250 (Utah App. 2013) (credibility determinations in appellate review)
- State v. Millard, 2010 UT App 355 (Utah App. 2010) (prejudice standard for ineffective assistance claims)
- State v. Gunter, 304 P.3d 866 (Utah App. 2013) (remand on ineffective-assistance evidence requirements)
- State v. Mirquet, 914 P.2d 1144 (Utah 1996) (custody analysis for Miranda purposes)
- Miranda v. Arizona, 384 U.S. 436 (1966) (custodial interrogation safeguards)
- State v. Hartmann, 783 P.2d 544 (Utah 1989) (threats may be communicated by conduct as well as words)
- State v. Perea, 2013 UT 68 (Utah 2013) (Miranda and custody matters in Utah)