State v. Nielsen, 2014 UT 10

Background

Victim Trisha Autry (15) disappeared June 24, 2000; her remains and clothing were found nearly one year later buried at the U.S.D.A. Predator Research Facility where Cody Nielsen worked.
Evidence showed Nielsen had repeatedly followed and paged Trisha; she expressed fear and asked to be picked up from school. Remains showed blunt force trauma; cadaver dogs alerted to a hole Nielsen had dug and burned debris in.
Nielsen was charged with aggravated murder, kidnapping, aggravated kidnapping, and two counts of desecration of a human body; bound over after preliminary hearing.
Venue: trial ultimately held in Cache County with jurors summoned from neighboring Box Elder County after earlier (but delayed) grants to transfer venue to Davis and later Box Elder.
Jury convicted on all counts; sentenced to life without parole for aggravated murder, plus consecutive terms for aggravated kidnapping and desecration. Post-trial proceedings were delayed; appeal followed after the district court disposed of a long-pending new-trial motion.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Nielsen)	Held
Failure to transfer to Davis County	No harm from delay; procedural irregularity not prejudicial	Trial court erred in not promptly transferring; counsel ineffective for not forcing transfer; plain error	Rejected—Nielsen failed to show actual juror bias or prejudice; plain error and ineffective assistance claims fail without prejudice proof
Trial held in Cache County with Box Elder jurors	Procedure reasonably protected defendant (Box Elder venire, voir dire, logistics)	Judge abused discretion; jurors bused to Cache County could feel pressure or be biased	Affirmed—trial judge’s choice was within discretion and reasonable given alternatives and protective steps taken
Sufficiency of evidence for kidnapping/aggravated kidnapping	Circumstantial evidence (following, victim’s fear, clothing, injuries) supported inference victim was taken unwillingly	Insufficient—no direct evidence victim went with Nielsen against her will	Affirmed—circumstantial evidence sufficient; viewing evidence in light most favorable to jury, reasonable minds need not have had reasonable doubt
Bindover on aggravated murder (kidnapping aggravator)	Preliminary hearing presented believable evidence of elements including forcible taking	Insufficient evidence at preliminary hearing to support kidnapping aggravator for bindover	Affirmed—low bindover standard met; preliminary evidence same circumstantial record and sufficed
Merger of convictions (kidnapping/aggravated kidnapping/desecration into aggravated murder)	Kidnapping/aggravated kidnapping were prosecuted as the kidnapping aggravator; desecration not used as aggravator	Nielsen argued lesser offenses should merge into aggravated murder and be vacated	Mixed: Kidnapping merged into aggravated kidnapping—State conceded and conviction vacated; aggravated kidnapping also merged into aggravated murder—court reversed and vacated aggravated kidnapping conviction on plain error grounds; desecration convictions affirmed (not statutory aggravators)

Key Cases Cited

Lafferty v. State, 175 P.3d 530 (Utah 2007) (actual juror bias, not mere venire exposure, is required to show prejudice from publicity)
State v. Harris, 289 P.3d 591 (Utah 2012) (plain error standard requires showing error was harmful)
Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective assistance standard: deficient performance and prejudice)
State v. Maestas, 299 P.3d 892 (Utah 2012) (standard of review for sufficiency of the evidence—view record in light most favorable to verdict)
State v. Shaffer, 725 P.2d 1301 (Utah 1986) (predicate felony used as sole aggravator merges with aggravated murder)
State v. Ross, 174 P.3d 628 (Utah 2007) (underlying felony that constitutes the aggravating circumstance merges with aggravated murder)
United States v. Langford, 647 F.3d 1309 (11th Cir. 2011) (circumstantial evidence can establish crime elements; same sufficiency standard applies)