State v. Duran
Court of Appeals of Utah
1Opinion of the Court
*1178Memorandum Decision
BENCH, Senior Judge:
¶ 1 Defendant Patrick F. Duran appeals from his conviction for possession of a controlled substance. He argues that his trial counsel was ineffective in failing to file a motion to suppress and in failing to object at trial to certain gang-related statements. We affirm.
¶ 2 “An ineffective assistance of counsel claim raised for the first time on appeal presents a question of law.” State v. Clark, 2004 UT 25, ¶ 6, 89 P.3d 162. “[A] defendant raising an ineffectiveness claim must show first, that his counsel rendered a deficient performance in some…
2Cases cited11 opinions
- United States v. ArvizuSupreme Court of the United States · 2002
- United States v. JerniganCourt of Appeals for the Eleventh Circuit · 2003
- State v. ClarkUtah Supreme Court · 2004
- State v. KelleyUtah Supreme Court · 2000
- State v. MarklandUtah Supreme Court · 2005
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