State v. Jackson, 2010 UT App 328

Jackson was convicted of several offenses including attempted murder; he appeals multiple trial rulings and the court affirms.
On November 9, 2006, the mother and her adult son were attacked by Jackson, who used a car, knife, and later stabbed both the son and mother, and also stabbed a pit bull.
Three eyewitnesses described a sequence including a loud crash, the mother injured, the son being chased and stabbed, and the pit bull being stabbed; the mother was threatened with a knife.
The State charged two counts of attempted aggravated murder, cruelty to animals, and assault; Jackson moved to dismiss citing destruction of evidence in the vehicle.
During voir dire, the State struck a juror with a Batson objection; the trial court denied the Batson challenge.
The trial proceeded in December 2007; after a bifurcated trial, guilt on all counts was found; the court later determined identity for an aggravating prior conviction and imposed consecutive five-to-life sentences plus misdemeanors.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admission of hearsay and photographs	State argues exceptions apply; pictures are probative and not prejudicial.	Hearsay and photos were improper and prejudicial under rules 803(2), 801(d)(1)(B), and 403.	Harmless error; no prejudice shown.
Destruction of evidence and dismissal	Evidence destruction was routine, not prejudicial; due process not violated.	Destruction created a reasonable probability of exculpatory evidence and warrant dismissal.	No due process violation; dismissal not required.
Reopening the case for identity evidence	Reopening allowed to establish identity for aggravating factor.	Reopening was improper or prejudicial.	Within trial court's discretion; not an abuse.
Consecutive sentences	Consecutive sentences authorized for offenses arising from a single episode; proper consideration of factors.	Court failed to adequately consider rehabilitative needs and single-episode nature.	Not an abuse; consecutive sentences upheld.
Batson challenge	Peremptory strike facially neutral; race not discriminatorily motivated.	Strike was racially motivated; improper Batson impact.	State did not strike due to race; Batson claim rejected.

State v. Rhinehart, 153 P.3d 830 (Utah App. 2006) (guideposts for appellate review of evidentiary rulings and abuse of discretion)
State v. Bluff, 52 P.3d 1210 (Utah 2002) (rule 403 prejudice-balancing standard)
State v. Tiedemann, 162 P.3d 1106 (Utah 2007) (nonexclusive factors for destruction of evidence and due process analysis)
Lewis v. Porter, 556 P.2d 496 (Utah 1976) (trial court discretion to reopen a case)
Purkett v. Elem, 514 U.S. 765 (U.S. 1995) (Batson step two and persuasiveness of neutral reasons)
State v. Colwell, 994 P.2d 177 (Utah 2000) (three-step Batson framework; facial neutrality and pretext analysis)
Cannon v. State, 41 P.3d 1153 (Utah 2002) (facially neutral reasons and step-two analysis in Batson)
Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (discrimination in peremptory challenges prohibited)