State v. Nelson
253 P.3d 1094
Utah Ct. App.2011Background
- Nelson was convicted of distributing or arranging to distribute a controlled substance under Utah law.
- Instruction No. 5 mistakenly described a prior-conviction predicate and included language about cocaine that was later stricken.
- The trial court instructed jurors to strike the offending language and restated the charge without it.
- Nelson moved for mistrial arguing the printed instructions still exposed jurors to the erroneous language; the court denied the motion.
- The court gave a curative instruction stating the tainted language was not part of the charge and there was no evidence of prior crimes.
- The Utah Court of Appeals affirmed, holding no abuse of discretion in denying mistrial and finding curative instruction effective.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of mistrial was an abuse of discretion. | Nelson contends the tainted instruction could have biased jurors. | State argues the curative steps protected fairness and the denial was proper. | No abuse; mistrial denial affirmed. |
| Whether the curative instruction adequately mitigated prejudice from the misinstruction. | Curative instruction failed to neutralize potential prejudice. | Curative instruction properly explained the error and that no prior-crime evidence existed. | Curative instruction effective; no fair-trial impairment. |
Key Cases Cited
- State v. Decorso, 993 P.2d 837 (Utah 1999) (abuse-of-discretion standard for mistrial decisions; record not plainly wrong)
- State v. Harmon, 956 P.2d 262 (Utah 1998) (curative instructions are essential to remedy trial errors)
- State v. Menzies, 889 P.2d 393 (Utah 1994) (jury presumed to follow court instructions)
- State v. Burk, 839 P.2d 880 (Utah Ct.App. 1992) (jury diligence presumed absent persuasive contrary evidence)
