Legal Opinion

State v. Beverly

Utah Supreme Court

Decided November 29, 2018No. Case No. 20160511PublishedCited by 25 opinions

Chief Justice Durrant authored the opinion of the Court, in which Associate Chief Justice Lee, Justice Himonas, Justice Pearce, and Justice Petersen joined.

1Opinion of the Court

Chief Justice Durrant, opinion of the Court:

Introduction

¶ 1 Mark Anthony Beverly was convicted of rape and forcible sexual assault of his wife. He claims the two had consensual sex.

¶ 2 After a period of separation, Mr. Beverly moved into his wife's home, where he slept on her couch, because he had nowhere else to go. One night he became enraged, entered his wife's room, slammed the door, and demanded that she have sex with him. She refused his demands multiple times and cried during the incident. Eventually, she followed his instructions and engaged in sexual conduct. Immediately afterward,…

2Cases cited23 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. State v. DunnUtah Supreme Court · 1993
  3. State v. JohnsonUtah Supreme Court · 2017
  4. Patterson v. PattersonUtah Supreme Court · 2011
  5. State v. ClarkUtah Supreme Court · 2004

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

3Cited by25 opinions

  1. State v. WrightCourt of Appeals of Utah · 2021
  2. State v. NewtonUtah Supreme Court · 2020
  3. State v. RobertsCourt of Appeals of Utah · 2019
  4. State v. FlemingCourt of Appeals of Utah · 2019
  5. State v. FredrickCourt of Appeals of Utah · 2019

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

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