State v. Knight

120 I believe that "the evidence in this case is insufficient to provide a rational basis for the jury to acquit [Knight] of [sexual abuse of a child] and convict him of [sexual battery]." State v. Kell, 2002 UT 106,% 24, 61 P.3d 1019, In Kell, a majority of the Utah Supreme Court held that a defendant's uncorroborated, self-serving testimony does not entitle him to an instruction on his theory of the case. See id. at n. 5, 61 P.8d 1019. All we have to support an instruction on sexual battery in the present case is Knight's own testimony. "

121 Furthermore, "even [if] there was a rational…