State v. Johnson
330 P.3d 743
| Utah Ct. App. | 2014Background
- Decedent found dead Jan. 12, 1998; she was fully clothed, wearing shoes, with high levels of alcohol and cocaine in her system.
- Medical examiner attributed injuries to face, neck, and throat, including a cricoid fracture, to blunt trauma and strangulation, and concluded death by asphyxia by strangulation with contributory intoxication.
- Johnson initially cooperated in the 1998 investigation and was not considered a suspect; case closed as a suspicious death.
- In 2005 the cold case was reopened; DNA on fingernail clippings matched Johnson; he disclosed an on-and-off relationship and admitted alternating violence during drinking.
- Expert testimony presented competing causation theories: possible death from intoxication alone, intoxication plus altercation, or alcohol–cocaine–strangulation combination.
- Trial court instructed on lesser-included offense of homicide by assault; verdict form for that offense was missing, and the actual verdict form purportedly reflected only the greater offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Instruction 24 misstated mens rea for homicide by assault | Johnson argues instruction misstates mens rea and eliminates lesser offense. | State contends invited error and preservation preclude reversal. | Instruction misstates law; removal of lesser offense requires reversal. |
| Whether the missing verdict form affects the result | Missing form implies the jury did not receive lesser offense option. | Trial court recollection that form was provided defeats prejudice claim. | Irrelevant to outcome because instruction itself was defective; reversal ordered. |
| Whether the error is reversible plain error even though invited | Exceptional circumstances permit review of unpreserved issue to avoid manifest injustice. | Invited error bars review; no manifest injustice if form was provided. | Exceptional circumstances permit review; error not harmless; reverse and remand. |
| Whether causation instruction suffices or warrants remand for rewording | Appellant invites clarity on causation proximate cause. | State asserts causation instruction adequate for trial purposes. | Remand for reconsideration of causation wording advisable; proximate cause to be evaluated. |
Key Cases Cited
- State v. Robison, 2006 UT 65 (Utah) (exceptional circumstances allowing review of unpreserved issues with supplemental briefing)
- State v. Breckenridge, 688 P.2d 440 (Utah 1983) (exceptional circumstances framework for unpreserved but manifestly unjust rulings)
- State v. Archambeau, 820 P.2d 920 (Utah Ct.App.1991) (exceptional circumstances and preservation in criminal appeals)
- State v. Houskeeper, 2002 UT 118 (Utah) (jury instructions and correctness review)
- State v. Baker, 671 P.2d 152 (Utah 1983) (necessity of lesser-included offense instructions to protect reasonable doubt standard)