State v. Bird
286 P.3d 11
Utah Ct. App.2012Background
- Bird was convicted of failure to respond to an officer’s signal to stop, a third‑degree felony under Utah law.
- Officer Sweeney observed Bird in a blue Mustang with suspicious behavior, failed to stop at a stop sign, and a chase ensued.
- Bird’s passenger fled; Bird eventually stopped the vehicle; Sweeney pursued and later Bird was stopped by another officer.
- Bird was charged with one count of failure to respond to an officer’s signal to stop; the district court discussed jury instructions and the proposed elements instruction.
- Bird objected that the jury should be instructed on the mental state required for conviction; the court denied the request and the trial proceeded with no explicit mental-state instruction.
- The Utah Court of Appeals ultimately reversed Bird’s conviction for failure to respond due to the absence of a required mental-state instruction, analyzing statutory provisions and mens rea principles.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the mental state required for failure to respond to an officer’s signal to stop must be defined for the jury | Bird contends mental state needed for each element should be defined | State contends no mental-state instruction was required under the statute | Reversed for lack of mental-state instruction |
Key Cases Cited
- State v. Cooper, 2011 UT App 234 (Utah Ct. App. 2011) (preservation and correctness standard for challenged jury instructions)
- State v. Bujan, 2006 UT App 322 (Utah Ct. App. 2006) (adequate preservation when objection alerts trial court of error)
- State v. Rothlisberger, 2004 UT App 226 (Utah Ct. App. 2004) (futile objections not required to preserve issues for appeal)
- State v. Stringham, 957 P.2d 602 (Utah Ct. App. 1998) (necessity of jury instruction on mens rea for elements)
- State v. Couch, 635 P.2d 89 (Utah 1981) (caution against trial court volunteers of common-usage terms)
