Utah Supreme Court

The State of Utah, Plaintiff and Respondent v. Forrest G. Buel, Defendant and Appellant

May 17, 19851985 Utah LEXIS 816

Summary

The Utah Supreme Court affirmed convictions for aggravated assault and possession of a dangerous weapon by a restricted person. It held that conflicting self-defense evidence was for the jury to weigh, counsel's challenged decisions did not constitute ineffective assistance, and any authentication error concerning the prior-conviction documents was harmless because the defendant admitted the conviction. The opinion also noted that the trial court's limiting instruction concerning the exhibit was improper.

Holding

  • Sufficiency of the evidence and self-defense. The evidence was sufficient to support the aggravated-assault conviction. The conflicting evidence concerning Dunn's weapon, threats, and the sequence of the shooting did not require reversal because the jury was entitled to evaluate the witnesses and weigh the competing self-defense evidence.
  • Ineffective assistance of counsel. The defendant failed to establish ineffective assistance. Counsel's decision to consolidate the charges was a legitimate strategic judgment, and an authentication or chain-of-custody objection would have been futile and therefore was not required as effective advocacy.
  • Authentication and admission of the prior-conviction exhibit. The Washington documents were not properly authenticated under the applicable official-records rule because the record was from another state and the included warrant and judgment lacked the signature of the judge who issued the order. Nevertheless, admission of the exhibit was harmless because the defendant admitted his prior felony conviction and incarceration.

Docket 20095

Cited authorities

  • Rule 68(1)
  • Rule 68(1)

Cited by

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