May 23, 2012
- 110 Criminal Law
- 110XXXI Counsel
- 110XXXI(C) Adequacy of Representation
- 110XXXI(C)2 Particular Cases and Issues
- 110k1958 Death Penalty
- 110k1963 k. Other Particular Issues in Death Penalty Cases.
Taking position in another case that was directly contrary to interest of defendant, whom attorney represented in capital murder case, by seeking to have defendant testify in other case to establish foundation for arguing that defendant was prime candidate for death penalty, whereas defendant in other case was not, was ineffective assistance of counsel.
State v. Holland, 921 P.2d 430 (Utah 1996)