559 P.3d 96
Utah Ct. App.2024Background
- Phillip Mason King was convicted by a jury of aggravated assault and domestic violence in the presence of a child, following an altercation with his wife Anna, resulting in significant injuries to her.
- Anna testified she was attacked by King, including being strangled and beaten, in the presence of their child; she escaped and went to the police.
- King admitted to grabbing Anna by the throat to make her "pass out" but claimed self-defense, stating Anna struck him first.
- At trial, King's attorney objected to Anna's testimony about how the injuries affected her work duties; the objection was overruled.
- King appealed, arguing the court erred in admitting certain testimony about injury impact, and asserting his counsel was constitutionally ineffective in several ways.
- The Utah Court of Appeals reviewed the evidentiary ruling and ineffective assistance claims, including a request for a remand to supplement the record under Rule 23B.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of testimony about injury effects | Testimony about Anna's work limitations was irrelevant & required expert opinion | Testimony was relevant to injury severity and was permissible lay opinion | Overruled objection; testimony admissible |
| Ineffective assistance—failure to object to consistency statements | Counsel should have objected to Officer's statements about Anna's consistency | Strategic to allow as part of cross-examination re: Officer's investigation | Counsel not deficient; no ineffective assistance |
| Ineffective assistance—failure to object to hearsay | Counsel failed to object to Anna and Officer's hearsay statements | Statements were cumulative or minor; strategic not to object | Counsel not deficient; no ineffective assistance |
| Rule 23B remand for new evidence | Remand needed to supplement record for further claims | No deficiency shown; evidence would not change result | Remand denied; no deficient performance |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes the two-part test for ineffective assistance of counsel)
- State v. Richardson, 2013 UT 50 (Utah 2013) (sets the standard for relevance of evidence)
- State v. Hart, 2020 UT App 25 (Utah Ct. App. 2020) (strategic choices on objections are generally not deficient performance)
- State v. Ray, 2020 UT 12 (Utah 2020) (ineffective assistance analysis incorporates strategic choices)