State v. Black, 344 P.3d 644

Jury found Michael S. Black and Alta Marie Black guilty on multiple counts after trial in the Third District Court.
State charged fourteen counts tied to misdeeds in real estate transactions involving a Homebuyer who paid deposits and funds to Defendants.
Homebuyer signed documents relinquishing interests based on Defendants' assurances of getting money back; documents included reconveyance and payoff demand of $0.
Trial proceedings included no subpoena of a key witness (Title Agent) at the rescheduled trial; Title Agent later disclosed details in post-trial proceedings.
Post-trial, Title Agent’s deposition and testimony raised credibility concerns about the State’s key witnesses, influencing the district court’s decision.
District court arrested judgment, dismissed all charges, and acquitted the Defendants after considering new testimony not presented at trial; State appeals and concessions later call for new trial instead.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court could acquit after a jury verdict	Black argues acquittal proper; State contends arrest of judgment.	Larsen prohibits post-verdict acquittal by judge not trier of fact.	Acquittal after verdict amounted to arrest of judgment; improper.
Whether arrest of judgment was proper given reliance on new evidence	Arrest of judgment supported by lack of public offense.	New post-trial evidence undermined trial-proof.	Error to arrest judgment based on evidence not presented at trial.
Whether dismissal of charges was proper based on perceived improbability of evidence	Evidence legally sufficient; dismissal not proper.	New testimony created evidentiary conflict warranting dismissal.	Dismissal improper; conflicts for jury to resolve.
Whether the district court should grant a new trial in light of Title Agent’s testimony	New trial warranted due to admissible new evidence.	No need for new trial if evidence could not change verdict.	Remand for new trial warranted given concession and new evidence.

State v. Larsen, 834 P.2d 586 (Utah Ct. App. 1992) (post- verdict acquittal not allowed; acquittal shaped by jury verdict)
State v. Musselman, 667 P.2d 1061 (Utah 1983) (acquittal not appealable; arrest of judgment possible)
State v. Bolson, 2007 UT App 268 (Utah Ct. App. 2007) (arrest judgment review when evidence inconclusive or improbable)
State v. Myers, 606 P.2d 250 (Utah 1980) (jury findings and verdict benefit to both sides; limits on post-verdict actions)
State v. Yanez, 42 P.3d 1248 (Utah Ct. App. 2002) (jury credibility assessments and appellate review of witness credibility)
Robbins v. State, 210 P.3d 288 (Utah 2009) (limits on reconsidering witness credibility; need substantial adverse effect to rights)