State v. Clark

DURHAM, Chief Justice:

BACKGROUND

¶ 1 Defendant Ronald Clark appeals from his jury convictions of one count each of operating a clandestine laboratory, possession with intent to distribute a controlled substance, and use or possession of drug paraphernalia. He claims that he is entitled to a new trial because his trial counsel violated his Sixth Amendment right to effective assistance of counsel by failing to challenge inappropriate opinion testimony under Utah Rules of Evidence 701, 702 and 704.

¶ 2 In July 1999, Marilyn Milburn, a caseworker from the Division of Child and Family Services,…