424 P.3d 198
Utah Ct. App.2017Background
- On Aug 26, 2010, police stopped Carl Mack Courtney after observing suspicious behavior and searched him, finding ~60 small Ziploc baggies, a pocket knife, and a paper with names and dollar amounts (an "owe sheet").
- Officers searched the girlfriend’s locked car (with her consent) and found a black pouch containing a hypodermic needle and methamphetamine; the girlfriend identified the pouch as Courtney’s and said she had seen him store ID and meth in it.
- A booking officer’s text message on Courtney’s phone referenced trading “glass” and mentioned "tweaked," which officers explained as methamphetamine/meth use. Courtney denied ownership of the pouch and claimed alternative innocent explanations (coins, literal glass, owe sheet belonged to someone else).
- The girlfriend testified she had used and received meth from Courtney, had seen him sell meth, and that while Courtney was jailed he called her and attempted to influence her testimony (recorded call where Courtney insisted the windows were down so someone could have tossed the pouch into the car).
- The State introduced limited testimony about Courtney’s 2012 meth-distribution conviction; the court allowed basic facts under Rule 404(b) as probative of intent. Courtney testified and admitted past distribution long ago and a recent relapse. Jury convicted on possession with intent to distribute and possession of paraphernalia.
- On appeal Courtney argued (1) the trial court erred by admitting 2012-conviction evidence under Utah R. Evid. 404(b) and (2) he received ineffective assistance of counsel for failing to object and for not subpoenaing a purported alibi/witness ("Missy"). The Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Courtney) | Held |
|---|---|---|---|
| Admissibility of 2012 distribution conviction under Utah R. Evid. 404(b) | Evidence was admissible for intent, absence of mistake, motive; limited foundational facts allowed | Admission was improper given dissimilarity and time gap; prejudicial character evidence | Even if admission was erroneous, any error was harmless because other evidence of guilt was overwhelming; conviction affirmed |
| Ineffective assistance of counsel for failing to object to 404(b) evidence and failing to subpoena Missy | Counsel’s actions were reasonable; any omitted objections would not change outcome given other strong evidence | Counsel was deficient for not objecting/requesting notice and for not subpoenaing Missy; prejudice likely altered verdict | Claim fails: defendant did not show prejudice under Strickland because admissions, phone call, and implausible defenses made a different outcome unlikely |
Key Cases Cited
- State v. Burke, 256 P.3d 1102 (Utah Ct. App. 2011) (review of trial court's Rule 404(b) admission is abuse-of-discretion standard)
- State v. High, 282 P.3d 1046 (Utah Ct. App. 2012) (harmless-error standard for evidentiary rulings)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
- State v. Clark, 89 P.3d 162 (Utah 2004) (applying Strickland standard in Utah)
- State v. Ferguson, 250 P.3d 89 (Utah Ct. App. 2011) (error harmless where other evidence of guilt was overwhelming)