Legal Opinion · Dissent

State v. Buck

Court of Appeals of Utah

Decided January 2, 2009No. Case No. 20070534-CAPublished

1DissentMcHUGH, Judge

¶ 23 While I concur in Part I of the majority's opinion regarding the sufficiency of the evidence, I respectfully dissent from Part I1, which addresses prosecutorial misconduct.

¶ 24 As the majority correctly notes, Utah courts have established a two-part test to determine whether prosecutorial misconduct has occurred. " 'Prosecutorial misconduct occurs when the prosecutor's comments call the jurors' attention to matters not proper for their consideration and when the comments have a reasonable likelihood of prejudicing the jury by significantly influencing its verdict.'" State v. Wengreen,…

2Cases cited7 opinions

  1. State v. YoungUtah Supreme Court · 1993
  2. State v. SaundersUtah Supreme Court · 1999
  3. State v. KohlUtah Supreme Court · 2000
  4. State v. TroyUtah Supreme Court · 1984
  5. State v. ReedUtah Supreme Court · 2000

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