State v. Charles

OPINION

ORME, Judge:

{1 Defendant Billy Charles appeals his 2009 conviction of murder, a first-degree felony, see Utah Code Ann. § 76-5-208 (Supp. 2010), 1 on the grounds that his constitutional right to due process was violated, his trial counsel was ineffective, and the trial court erred by failing to provide a jury instruction on jailhouse informant testimony. We reverse and remand for a new trial.

BACKGROUND 2

2 In August 1996, Defendant was living with his girlfriend and their two-year-old son. Several hours after Defendant went to work on August 7, 1996, his sister discovered his…