Legal Opinion

State v. Gardner

Court of Appeals of Utah

Decided June 21, 2018No. 20160028-CAPublishedCited by 6 opinions

1Opinion of the Court

TOOMEY, Judge:

¶1 David Russell Gardner was convicted of eleven counts of first-degree felony rape *60 against a fourteen-year-old victim (Victim). He appeals his convictions, contending the district court erred in denying his motion to suppress because his confession to police was made in violation of his Fifth Amendment rights. He also contends the district court exceeded its discretion when it rejected his guilty plea. Finally, he contends he received constitutionally ineffective assistance of counsel. We conclude Gardner knowingly and voluntarily waived his right to counsel and his confession…

2Cases cited23 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Miranda v. ArizonaSupreme Court of the United States · 1966
  3. North Carolina v. AlfordSupreme Court of the United States · 1970
  4. Edwards v. ArizonaSupreme Court of the United States · 1981
  5. Davis v. United StatesSupreme Court of the United States · 1994

18 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. State v. SmithCourt of Appeals of Utah · 2019
  2. State v. ArchuletaCourt of Appeals of Utah · 2019
  3. State v. BadikyanCourt of Appeals of Utah · 2018
  4. State v. HuntCourt of Appeals of Utah · 2018
  5. State v. HernandezCourt of Appeals of Utah · 2024

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API