Must Show Prejudice for Conviction to Be Remanded

State of Utah v. Jackson, 2010 UT App. 136, (Utah Court of Appeals May 27, 2010).

Jackson was convicted of attempted murder during the trial the trial court admitted officer testimony of statements by witnesses at the scene and photos of the injuries caused by the Defendant.  Defendant also asserted that the State disposed the car used in the act without allowing Defendant to examine it.  The Defendant also challenged the jury verdict because alleging that one of the state peremptory challenges was motivated by race.  The Court of appeals affirmed the trial court finding that even if the evidence was improperly admitted, there was sufficient other evidence on which the jury could have come to the same conclusion and as such, he was not prejudiced and the error was harmless.  The Court found that in the disposal of the care the State was not acting in bad faith because they had no control over the Sheriff’s release of the car to its owner; and the likelihood of Defendant finding favorable evidence in the vehicle is too remote to have had a real effect on the outcome of the case.  Finally, the Court found that the State provided a sufficiently racially neutral grounds for eliminating the juror.

Full Decision available at http://www.utcourts.gov/opinions/appopin/AMD_jackson111810.pdf