State v. Johnson

130 The lead opinion concludes that we may review an error in a jury instruction that was unpreserved below and unargued on appeal based on the supreme court's opinion in State v. Robison, 2006 UT 65, 147 P.3d 448. In that case, the court explained that where an appellate court notices an "astonishingly erroneous but undetected ruling" that would "subject the losing party ... to great and manifest injustice," the court may address the issue, but only if it invites supplemental briefing from the parties Id. (citation and internal quotation marks omitted). Because the jury instruction is…