442 P.3d 1185
Utah Ct. App.2019Background
- Blake Rees Wright assaulted his mother in her home, threatened to kill her, brandished a glass shard and a .22 caliber handgun, shot two rounds into the floor, and later followed her to the hospital. The victim suffered a subdural hematoma, broken ribs, and other injuries.
- Police recovered a loaded .22 handgun at the house and .22 ammunition attempted to be discarded at booking; Wright recorded part of the assault on video, which was later turned over to police.
- Wright was charged with multiple felonies, including aggravated kidnapping (first degree), attempted murder and aggravated elder abuse (second degree), and several third-degree felonies. Trial began; after the victim’s testimony and viewing the video, Wright pleaded guilty to all counts under a plea agreement that removed the "serious bodily injury" enhancer from the aggravated kidnapping count.
- Wright later sought to withdraw his guilty pleas, arguing ineffective assistance of counsel (IAC) and that some charges lacked a sufficient factual basis. The district court held an evidentiary hearing and found Wright’s plea knowingly and voluntarily entered and Trial Counsel effective, except as described on appeal.
- The Court of Appeals held that Trial Counsel provided deficient representation regarding the aggravated kidnapping count because the State’s evidence did not support the required element of "detention," vacated that conviction, and remanded for further proceedings; the court affirmed the remaining convictions and denied withdrawal of those pleas.
Issues
| Issue | Wright's Argument | State's Argument | Held |
|---|---|---|---|
| Whether counsel rendered ineffective assistance overall so as to render pleas unknowing/ involuntary | Counsel was unprepared, coerced plea; would have gone to trial absent counsel’s errors | Counsel met with client, investigated, client sought plea after seeing victim testimony and jury reaction | Mostly rejected: court finds counsel effective in most respects; guilty pleas knowing and voluntary except for aggravated kidnapping |
| Failure to obtain independent medical/forensic experts | Counsel should have retained experts to dispute Second Doctor’s diagnosis and ballistic evidence | Counsel reasonably relied on State’s medical testimony; additional experts would not likely have been persuasive | Rejected: strategic choice, no deficient performance shown |
| Failure to advise on sufficiency of evidence for specific charges (a) possession of ammunition in jail; (b) attempted murder; (c) aggravated kidnapping (detention element) | a) Entrapment/planting; b) no intent to kill; c) no detention occurred so kidnapping unsupported | a) Signs/awareness and conduct supported possession; b) threats, conduct, video and testimony supported intent and substantial step; c) State argues push and delaying garage door constituted detention | a) Held sufficient evidence; counsel not ineffective; b) Held sufficient evidence; counsel not ineffective; c) Held insufficient evidence of detention; counsel was deficient in failing to object/advise; plea to aggravated kidnapping vacated |
| Cumulative error from multiple IAC claims | Combined errors undermine confidence in pleas | Most issues had no prejudice; only aggravated kidnapping error affected that count | Rejected: no cumulative error that undermines other pleas; only aggravated kidnapping vacated |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-part ineffective assistance standard)
- Hill v. Lockhart, 474 U.S. 52 (prejudice standard for ineffective assistance in guilty-plea context)
- Harrington v. Richter, 562 U.S. 86 (deference to counsel’s reasonable strategic choices)
- Padilla v. Kentucky, 559 U.S. 356 (rationality standard for rejecting plea advice)
- State v. Wilder, 420 P.3d 1064 (Utah 2018) (defining unlawful detention/ aggravated kidnapping unlawful-detention variant)
- State v. Finlayson, 994 P.2d 1243 (Utah 2000) (counsel’s failure to object to unsupported kidnapping charge can be deficient)
- State v. Kohl, 999 P.2d 7 (Utah 2000) (cumulative error doctrine applied in criminal context)