State v. Nelson, 355 P.3d 1031

Background

On October 24, 2007, Martin Chris Nelson shot and killed Chad Grijalva and Derek Davis, firing eight rounds into each and delivering an incapacitating shot to each head; he then hid the bodies in a shallow grave and attempted to conceal evidence.
Nelson claimed he acted in self-defense after being attacked in his trailer during a drug use session; physical and forensic evidence undermined that account.
Police discovered the victims after searches of Nelson’s remote property; Nelson was charged with two counts of aggravated murder and one count of theft by receiving a stolen vehicle, convicted by a jury, and sentenced to consecutive life terms without parole.
Nelson brought seven ineffective-assistance-of-counsel (IAC) claims on appeal: (1) reenactment/demonstration at trial; (2) counsel introduced probation evidence; (3) failure to impeach officers over timing of truck discovery; (4) failure to use a non-negative field blood test; (5) failure to discover a bullet in a mattress; (6) failure to object to voir dire procedures; and (7) failure to object to jury instructions.
The district court held an evidentiary (Rule 23B) hearing, made findings rejecting the IAC claims, and this Court reviews the findings for legal correctness and defers to factual findings where appropriate.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
1. Reenactment/demonstration	Reenactment was prejudicial, inaccurate, and made Nelson appear dangerous/in custody.	Counsel reasonably used a demonstration to show Nelson’s version and reconcile it with the physical evidence; wide tactical latitude.	No deficient performance; IAC fails.
2. Introduction of probation evidence	Revealing probation status was unnecessary and prejudicial.	Counsel needed an explanation for post-incident concealment and lies; benefits outweighed risks.	No deficient performance; IAC fails.
3. Failure to impeach officers about truck discovery timing	Counsel should have impeached officers for inconsistent statements to show police dishonesty.	Statements were not clearly false or material; impeachment would not advance defense and could irritate jury.	No deficient performance; IAC fails.
4. Failure to use non‑negative field blood test	Counsel should have used the non-negative field test to support an inside‑trailer shooting and self‑defense.	Test was presumptive/likely false positive; lab tests were negative; evidence would not change outcome.	No prejudice; IAC fails.
5. Failure to discover bullet in mattress	Missing bullet could corroborate inside shooting and defense.	Bullet provenance and location uncertain; DNA inconclusive; Nelson regularly fired at the ranch.	No prejudice (and investigation was reasonable); IAC fails.
6. Voir dire procedure (questionnaires/closure)	Written questionnaires and limited public voir dire violated rights and biased jury.	Nelson failed to brief how procedure caused prejudice; process was ordinary and supplemented by follow-up.	Claim inadequately briefed and no showing of prejudice; IAC fails.
7. Failure to object to jury instructions	Roadmap and other instructions confused deliberation order, unanimity, and imperfect self‑defense availability.	Instructions, read together, adequately explained imperfect self‑defense and options; any ambiguity would not have changed result.	No prejudice; IAC fails.

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (establishes two‑part test for ineffective assistance of counsel)
State v. Menzies, 344 P.3d 581 (Utah 2014) (IAC burden and analysis)
State v. Clark, 89 P.3d 162 (Utah 2004) (deference to counsel’s tactical decisions)
State v. Barela, 349 P.3d 676 (Utah 2015) (review of strategic choices made at trial)
State v. Lucero, 328 P.3d 841 (Utah 2014) (eliminating hindsight distortion in IAC review)
State v. Hutchings, 285 P.3d 1183 (Utah 2012) (evaluating prejudice from unobjected‑to jury instructions)
State v. Geukgeuzian, 86 P.3d 742 (Utah 2004) (reciting facts in light most favorable to jury verdict)