Legal Opinion · Dissent

State v. Larrabee

Utah Supreme Court

Decided November 22, 2013No. 20110739Published

1DissentJustice Lee

1 39 I share some of the majority's discomfort with statements made by the prosecutor during closing argument. The prosecutor's allusion to abuse of the victim's mother seems to have run afoul of the district court's in limine ruling. But defense counsel made no objection to these statements. And because the lack of an objection could easily have been strategie (to avoid highlighting, or turning vague allusions into significant issues), I find no room in the deferential Strickland standard for reversal on ineffective assistance of counsel grounds.

1 40 The majority does not appear to challenge…

2Cases cited33 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Marbury v. MadisonSupreme Court of the United States · 1803
  3. United States v. David Dominic NecoecheaCourt of Appeals for the Ninth Circuit · 1993
  4. Ronald Bernard Bennett v. Ronald J. Angelone, Director, Virginia Department of CorrectionsCourt of Appeals for the Fourth Circuit · 1996
  5. State v. ClarkUtah Supreme Court · 2004

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