State v. Cummins

OPINION

ORME, Judge:

Defendant was convicted of one count of second degree murder, a first degree felony, in violation of Utah Code Ann. § 76-5-203 (1990). On appeal, defendant claims (1) the trial court committed reversible error in failing to remedy several instances of pros-ecutorial misconduct, and (2) he was deprived of the effective assistance of counsel because his trial attorney, who does not represent him on appeal, failed to timely file notices necessary for the use of psychiatric expert testimony. 1 We affirm in part and remand in part.

FACTS

In the autumn of 1989, defendant was one of…