State v. Augustine
298 P.3d 693
Utah Ct. App.2013Background
- Augustine appeals his conviction for attempted murder; severed from co‑defendant Stapley prior proceedings.
- Extensive focus on extreme emotional distress defense; trial court excluded Augustine’s proposed expert testimony on relevance.
- Augustine argued the trial court erred by allowing Stapley to refuse testifying in the presence of the jury, asserting a Fifth Amendment issue and prejudice.
- Jury instructions included a verbatim accomplice liability statute and separate instructions on attempted murder elements; the court addressed mens rea.
- Court held Augustine’s extreme emotional distress defense fails due to self‑created stressors; affirmed exclusion of the expert on alternative grounds.
- Court also held the jury instructions, read together, adequately conveyed the mental state for accomplice liability and that Stapley’s presence at trial did not violate Augustine’s rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Extreme emotional distress defense admissibility | Augustine: expert needed to support subjective distress. | State: distress must be objective; expert irrelevant. | Exclusion affirmed on alternate grounds; defense rejected. |
| Accomplice liability mens rea instruction | Augustine: instruction incomplete; lacked intent to kill. | State: instructions, read together, specify intent to kill. | Instructions adequate when read as a whole. |
| Calling Stapley after refusal to testify | Augustine: calling Stapley violated Fifth Amendment rights. | State: uncertainty about Stapley’s privilege; calling was permissible. | Not reversible error; privilege issue not violated. |
Key Cases Cited
- State v. Spillers, 152 P.3d 315 (Utah 2007) (extreme emotional distress standards; external triggers; context highly important)
- State v. White, 251 P.3d 820 (Utah 2011) (external triggering events; distinction between self‑created and external stressors)
- State v. Shumway, 63 P.3d 94 (Utah 2002) (extreme emotional distress framework; bullying context example)
- State v. Lucero, 866 P.2d 1 (Utah Ct. App. 1993) (jury instruction review; harmless error standard)
- State v. Larsen, 876 P.2d 391 (Utah Ct. App. 1994) (accomplice liability instructions; statutory language used)