State of Utah, Plaintiff and Appellee v. Donald Wayne Brown, Defendant and Appellant

Summary

The court reversed Brown's convictions and remanded for a new trial because his appointed defense counsel simultaneously had prosecutorial responsibilities as a city attorney, creating an inherent conflict that required reversal without a showing of actual prejudice. The court otherwise upheld the warrantless search, rejected Brown's unpreserved evidentiary claim, found sufficient evidence of aggravated assault, approved the pre-deliberation jury instruction, and directed reconsideration of defense-cost reimbursement based on ability to pay.