Utah Supreme Court

State of Utah, Plaintiff and Appellee v. Kenneth Templin, Defendant and Appellant

December 7, 1990149 Utah Adv. Rep. 14

Summary

The court held that the defendant's trial counsel provided ineffective assistance by failing to reasonably investigate and contact prospective defense witnesses who could have challenged the victim's account of the alleged rape. Because the omitted testimony affected the credibility of the only direct witness and created a reasonable probability of a different verdict, the court reversed the conviction and remanded for a new trial.