State v. Lee
2014 UT App 4
| Utah Ct. App. | 2014Background
- Lee was convicted of first-degree murder, unlawful firearm possession, and failure to stop for a police officer, and he appeals the convictions.
- On June 1, 2006, Lee met TH to settle a drug debt; Lee fired two shots from a handgun, killing TH, and fled the scene.
- Police identified Lee later that day and apprehended him after his vehicle struck a median; two speed-loaders for a .357 magnum and a revolver were found on Lee.
- Lee retained trial counsel who sought to admit a defense witness; the motion in limine was late but the court allowed briefing and ruled on the merits.
- At trial, Lee claimed self-defense; TH’s girlfriend testified TH was unarmed; the court gave self-defense and imperfect self-defense instructions; the jury convicted Lee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rule 23B remand adequacy | Lee seeks remand for non-record facts to support ineffective assistance claims. | Record evidence is sufficient; remand not warranted. | Remand denied; motion not adequately supported by affidavits. |
| Ineffective assistance—investigation and Witness | Counsel failed to investigate and call the Witness to support self-defense. | Record shows no deficient performance and lack of demonstrated prejudice. | Counsel not shown to be ineffective for these aspects. |
| Jury instructions—imperfect self-defense | Instruction 16 improperly placed burden on Lee to prove imperfect self-defense beyond a reasonable doubt. | No reversible error given overall instructions and evidence. | Instruction 16 flawed; but no reversible prejudice established; verdict affirmed. |
Key Cases Cited
- State v. Ott, 2010 UT 1 (Utah Supreme Court, 2010) (ineffective-assistance standard on appeal)
- State v. Jeffs, 2010 UT 49 (Utah Supreme Court, 2010) (plain-error and preservation principles for jury instructions)
- State v. King, 2012 UT App 203 (Utah Court of Appeals, 2012) (non-record facts and Rule 23B remand standards)
- State v. Hales, 2007 UT 14 (Utah Supreme Court, 2007) (ineffective assistance standards and prejudice analysis)
- State v. Johnston, 2000 UT App 290 (Utah Court of Appeals, 2000) (record sufficiency for Rule 23B remand)
- State v. Garcia, 2001 UT App 19 (Utah Court of Appeals, 2001) (burden of proof regarding self-defense instructions; total instruction view)
- State v. Spillers, 2007 UT 13 (Utah Supreme Court, 2007) (imperfect self-defense instruction when evidence supports non-lethal defense)
- State v. Low, 2008 UT 58 (Utah Supreme Court, 2008) (difference between perfect and imperfect self-defense; jury instructions on defenses)