Legal Opinion

State v. Newton

Court of Appeals of Utah

Decided October 12, 2018No. 20170205-CAPublishedCited by 6 opinions

1Opinion of the Court

TOOMEY, Judge:

¶1 A jury convicted Brian Newton of one count of first-degree aggravated sexual assault and one count of third-degree aggravated assault. After trial, Newton obtained new counsel and filed a motion to arrest judgment and for a new trial (the Motion for New Trial), claiming a jury instruction error, a Brady 1 violation related to Victim's cell phone, and four instances of ineffective assistance of trial counsel. The district court denied the Motion for New Trial. We agree with the district court that there was no error in the jury instruction, that the State did not commit a…

2Cases cited16 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Kyles v. WhitleySupreme Court of the United States · 1995
  4. State v. DunnUtah Supreme Court · 1993
  5. State v. HolgateUtah Supreme Court · 2000

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3Cited by6 opinions

  1. State v. NewtonUtah Supreme Court · 2020
  2. State v. SquiresCourt of Appeals of Utah · 2019
  3. Newton v. StateUtah Supreme Court · 2025
  4. State v. AguilarCourt of Appeals of Utah · 2022
  5. State v. ElliottCourt of Appeals of Utah · 2026

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