Legal Opinion

State v. Moore

Court of Appeals of Utah

Decided April 30, 2015No. 20130422-CAPublishedCited by 3 opinions

1Opinion of the Court

Opinion

DAVIS, Judge:

¶ 1 Shawn H. Moore appeals from his convictions of four counts of securities fraud, four counts of sale by an unlicensed agent, and one count of pattern of unlawful activity. We agree with Moore's argument that the jury instructions defining the "willfulness" mens rea for the securities fraud charges and the sale by an unlicensed agent charges were incomplete and misstated the law. Accordingly, we reverse all of Moore's convictions and remand for further proceedings in accordance with this opinion.

BACKGROUND

¶ 2 Moore's convictions arise from investments various clients…

2Cases cited28 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Securities & Exchange Commission v. Capital Gains Research Bureau, Inc.Supreme Court of the United States · 1963
  3. Specht v. JensenCourt of Appeals for the Tenth Circuit · 1988
  4. David Owen v. Kerr-Mcgee Corporation and the Home Indemnity CompanyCourt of Appeals for the Fifth Circuit · 1983
  5. State v. LowUtah Supreme Court · 2008

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3Cited by3 opinions

  1. State v. BowdreyCourt of Appeals of Utah · 2024
  2. State v. BrownCourt of Appeals of Utah · 2019
  3. State v. SmithCourt of Appeals of Utah · 2025

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