State v. Casey

AMENDED OPINION

On Certiorari to the Utah Court of Appeals

DURRANT, Associate Chief Justice:

11 This case concerns the mens rea that must be shown to convict a defendant of attempted murder. Specifically, we consider whether a conviction for attempted murder may rest upon a knowing mental state rather than an intentional mental state. Michael Shawn Casey was tried and convicted of at tempted murder, aggravated assault, and domestic violence in the presence of a child. He moved for a new trial, arguing that the jury instructions improperly stated that he could be convicted of attempted murder for…