State v. Goode
288 P.3d 306
Utah Ct. App.2012Background
- 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)
