State v. Kozlov, 276 P.3d 1207

Kozlov lived with the victim and her children; he paid rent, bought gifts, and provided financial support, and she did not intend a romantic relationship.
The victim moved out after about seven months due to increasing concerns defendant would coerce a sexual relationship; he became more aggressive and followed her, listened to her calls, and appeared at her workplace.
On June 28, 2008, Kozlov argued with the victim, entered her apartment despite her requests for him to leave, and assaulted her, touching her genitals and breasts, attempting intercourse, and forcing her to touch him while their child slept nearby.
The 3-year-old woke during the attack, police were summoned, Kozlov waited for the police after getting dressed, and the victim subsequently reported the incident.
Police interrogated Kozlov in English with Miranda warnings; he provided statements that were later challenged as possibly involuntary, leading to a suppression motion and a 23B remand to determine suppression scope and ineffective assistance issues.
The 23B proceedings concluded the trial and post-trial counsel did not render ineffective assistance regarding the arm-injury defense, and the court ruled the suppression issue concerned only Miranda waiver, not Fifth Amendment voluntariness.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Prosecutorial misconduct in closing arguments	State argued about domestic violence and future behavior	Kozlov contends three statements were improper and prejudicial	No plain error or prejudice; statements not reversible error under preservation and harm standards
Ineffective assistance for handling arm-injury defense	State argues adequate investigation on remand	Counsel failed to investigate and pursue arm-injury defense	23B court findings supported; no prejudice shown
Voluntariness of statements and Miranda scope	Statements could be impeaching if Miranda waived; voluntariness argued	Suppression should cover Fifth Amendment coercion or broader voluntariness	Statements were voluntary; suppression limited to Miranda waiver issue; no Fifth Amendment coercion established

State v. Ross, 174 P.3d 628 (Utah 2007) (prosecutorial misconduct standard; harmless error review)
Mincey v. Arizona, 437 U.S. 385 (U.S. 1978) (Miranda violations impeachment and due process considerations)
State v. Troyer, 910 P.2d 1182 (Utah 1995) (totality of circumstances for voluntariness of statements)
State v. Calliham, 55 P.3d 573 (Utah 2002) (preservation and prosecutorial misconduct considerations)
State v. Templin, 805 P.2d 182 (Utah 1990) (ineffective assistance standard and prejudice inquiry)
Rettenberger, 1999 UT 80, 984 P.2d 1009 (Utah 1999) (totality of circumstances in Fifth Amendment voluntariness)