State v. Millett, 356 P.3d 700

Millett was convicted of forcible sodomy and attempted rape involving a 14-year-old girl.
Millett and the girl engaged in sexual activity over several months, including after Millett turned 18.
Millett was interviewed custodially by Detective Ludlow at the Utah County Jail; the interrogation occurred after his arrest.
Detective Ludlow warned Millett of the right to remain silent and that statements could be used against him but did not give full Miranda warnings (no right to attorney disclosed).
A motion in limine to exclude Millett’s police interview was granted in part; the State admitted portions of the interview and Ludlow’s testimony about it.
The trial court convicted Millett of forcible sodomy and attempted rape; Millett appealed alleging ineffective assistance of counsel for failing to seek suppression based on inadequate pre-interrogation warnings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial counsel was ineffective for not moving to suppress an interview conducted without full Miranda warnings.	Millett	Counsel’s failure to file suppression was deficient and prejudicial	Yes; counsel’s failure was deficient and prejudicial

Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes deficient performance and prejudice standards for ineffective assistance)
State v. Snyder, 860 P.2d 351 (Utah Ct. App. 1993) (delay in filing suppression can constitute deficient performance)
State v. Hales, 152 P.3d 321 (Utah 2007) (assesses prejudice when admitted evidence sways the jury)
State v. Ott, 247 P.3d 344 (Utah 2010) (discusses prejudice under Strickland for evidentiary errors)
State v. Levin, 144 P.3d 1096 (Utah 2006) (Miranda warnings requirement and suppression considerations)