Opinion

State v. Sandoval

  • 590 P.2d 346
  • 1979 Utah LEXIS 805
Court
Utah Supreme Court
Filed
Jan 25, 1979
Status
Published
Author
Wilkins
On the bench
Crockett, Ellett, Expressed, Hall, Maughan, Wilkins
Cited by
1 cases
Authority
More cited than 22.6%

The opinion

WILKINS, Justice

(dissenting):

I respectfully dissent.

There is I believe an infringement on the constitutional rights 1 of the defendant, where as here, he was subjected as described in the majority opinion to comments and efforts by counsel for a co-defendant which were designed to vivify the defendant’s not taking the stand and testifying, and thus suggesting the guilt of the defendant not shared by the co-defendant.

In this case I believe we must presume prejudice because the defendant’s constitutional rights were violated and I am not convinced that that presumption was overcome beyond a reasonable doubt. 2

MAUGHAN, J., concurs with the views expressed in the dissenting opinion of WILKINS, J.

. Art. I, Sec. 7, Constitution of Utah, and Fifth Amendment, Constitution of the United States.

. State v. Tippetts, Utah, 584 P.2d 892 (1978); State v. Scandrett, 24 Utah 2d 202 , 468 P.2d 639 (1970); Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1966).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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