State v. Feldmiller
316 P.3d 991
Utah Ct. App.2013Background
- Feldmiller was convicted of murder and appeals alleging ineffective assistance of counsel.
- Claim centers on counsel's failure to seek a special mitigation instruction under Utah Code § 76-5-205.5.
- Strickland v. Washington governs the standard: deficient performance plus prejudice, with a strong presumption of reasonable professional assistance.
- Before trial Feldmiller asked for manslaughter and negligent homicide instructions; self-defense instruction was allowed.
- The court allowed a reckless manslaughter instruction but declined negligent homicide for lack of evidence; counsel opposed manslaughter to maintain an all-or-nothing strategy.
- Counsel's closing argued the defendant could not be convicted of murder due to lack of requisite intent, supporting an all-or-nothing strategy; the court later refrained from expert review of this strategy as it was strategic.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for not seeking mitigation instruction | Feldmiller | State | No; strategy reasonable; no deficient performance |
| Plain error for sua sponte mitigation instruction | Feldmiller | State | Not reviewed; strategic decision prevents plain error review |
| Reasonableness of all-or-nothing defense strategy | Feldmiller | State | Legitimate trial strategy; no ineffectiveness |
| Plain error review for extreme emotional distress instruction | Feldmiller | State | Not reviewed due to strategic decision |
Key Cases Cited
- State v. Campos, 2013 UT App 213 (Utah App. 2013) (rejects ineffective assistance for choosing one theory over another when reasonable)
- State v. Dyer, 671 P.2d 142 (Utah 1983) (all-or-nothing defense framework and strategic decisions)
- State v. Valdez, 432 P.2d 53 (Utah 1967) (recognizes strategic all-or-nothing approach)
- State v. Bullock, 791 P.2d 155 (Utah 1989) (plain error review invited by appellant's strategic decision)
- State v. Ross, 174 P.3d 628 (Utah 2007) (plain error standard: existence, obviousness, and harm)
- State v. Lee, 128 P.3d 1179 (Utah 2006) (plain error standard referenced)
- State v. Clark, 89 P.3d 162 (Utah 2004) (strong presumption of reasonable professional assistance)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective assistance standard)