History
  • No items yet
midpage
State v. Goode
288 P.3d 306
Utah Ct. App.
2012
Read the full case

Background

  • Defendant convicted on multiple counts of sexual abuse of a child.
  • Victim's sister found a note mentioning abuse in the victim's bed; victim testified the abuse occurred over four years.
  • Abuse occurred in morning hours, around 6:30, after mother left for work.
  • Defense presented an alibi with several witnesses who testified Defendant met friends for coffee each morning 6:00–7:00.
  • Defendant and defense used an unofficial transcript of a CJC interview to show inconsistencies in the victim's statements about what she wore.
  • A police detective testified the transcript was inaccurate, undermining the inconsistency claim.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Did counsel's failure to obtain the detective interview transcript prejudice the result? Defendant Defendant failed to establish prejudice No prejudice; unlikely to change outcome
Did counsel's failure to view the CJC interview video prejudice the result? Defendant Defendant failed to show prejudice No prejudice; outcome unlikely to differ

Key Cases Cited

  • State v. Hernandez, 2005 UT App 546 (Utah Court of Appeals, 2005) (ineffective assistance standard and reviewing court deference to trial court findings)
  • State v. Perry, 2009 UT App 51 (Utah Court of Appeals, 2009) (Strickland standard; prejudice prong required)
  • State v. Litherland, 2000 UT 76 (Utah, 2000) (two-prong Strickland test; necessity of prejudice shown)
  • Strickland v. Washington, 466 U.S. 668 (Supreme Court, 1984) (establish deficient performance and prejudice)
Read the full case

Case Details

Case Name: State v. Goode
Court Name: Court of Appeals of Utah
Date Published: Oct 12, 2012
Citation: 288 P.3d 306
Docket Number: 20090250-CA
Court Abbreviation: Utah Ct. App.
    State v. Goode, 288 P.3d 306