State v. Robertson
427 P.3d 361
Utah Ct. App.2018Background
- Robertson pointed a concealed revolver at his girlfriend’s head and pulled the trigger; she later died. He then shot a man (Friend) twice; Friend died. Robertson claimed he believed the chamber was empty and was "startled" when the gun fired, and that he shot Friend in self-defense.
- Robertson had owned the revolver for 28 years; a firearms expert testified loaded cartridges are visually distinguishable in that revolver.
- Robertson initially misled police about events, left the scene, wrote a note giving his mother power of attorney, called his daughter (calmly) saying goodbye, and later admitted to writing the note after the shootings.
- The State charged aggravated murder but explicitly declined to seek the death penalty; the case proceeded as noncapital first-degree felonies.
- Voir dire was conducted in two sessions (courtroom and in chambers); Robertson waived presence for the in-chambers portion after colloquies on the record. Trial to an eight-member jury resulted in convictions for two counts of aggravated murder and other offenses; sentence: two consecutive life-without-parole terms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury size for aggravated murder | Eight-member jury was permissible because State expressly declined death penalty, making charges noncapital | Robertson argued plain error: aggravated murder where LWOP possible is effectively capital and requires 12 jurors | Court: No plain error; statute and charging decision rendered case noncapital and eight jurors acceptable |
| Constitutionality of aggravated-murder sentencing scheme | State relied on statute as valid; no settled law shows scheme is unconstitutional | Robertson contended scheme creates disparate classes and strips capital procedural protections when LWOP is possible | Court: Did not reach merits; plain-error review fails because issue not obvious and no settled law supporting claim |
| Waiver of defendant’s presence at in-chambers voir dire | State: Trial court obtained on-the-record waivers; counsel reasonably advised waiver | Robertson: Waiver was not knowing/voluntary; counsel ineffective for advising waiver | Court: Waiver was knowing and voluntary after colloquy; counsel’s advice was within reasonable strategy—no deficient performance shown |
| Sufficiency of evidence / self-defense & intent | State: Evidence (pointing gun at head, expert testimony on loaded cylinder, post-shooting conduct) supports intentional/knowing murder and rebuts self-defense for Friend | Robertson: Claimed he thought chamber was empty (negating intent) and that he shot Friend in self-defense | Court: Evidence viewed favorably to verdict supports intent for Girlfriend’s murder and rejects self-defense for Friend; convictions affirmed |
Key Cases Cited
- State v. Dunn, 850 P.2d 1201 (Utah 1993) (plain-error review framework)
- State v. James, 512 P.2d 1031 (Utah 1973) (discussion of penalty vs. classification theories of capital crimes)
- State v. Ricks, 314 P.3d 1033 (Utah Ct. App. 2013) (analysis of depraved-indifference theory where defendant claimed an unloaded chamber)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standards for ineffective assistance of counsel)
- State v. Shumway, 63 P.3d 94 (Utah 2002) (standard for reviewing sufficiency of the evidence)