# State v. Tillman

> Utah Supreme Court · December 22, 1987 · 72 Utah Adv. Rep. 6

URL: https://www.frixlaw.com/law-library/cases/9565102

## Case

- **Full name:** STATE of Utah, Plaintiff and Respondent, v. Elroy TILLMAN, Defendant and Appellant
- **Court:** Utah Supreme Court
- **Decided:** December 22, 1987
- **Citations:** 72 Utah Adv. Rep. 6; 750 P.2d 546; 1987 Utah LEXIS 835; 1987 WL 33745
- **Precedential status:** Published
- **Opinion:** Concurrence by Zimmerman
- **Judges:** Hall, Stewart, Howe, Durham, Zimmerman
- **Cited by:** 161 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Disagreed with by People v. Cahill, 2 N.Y.3d 14 (2003).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9565102

## How later opinions describe it (automated extraction)

- stating that a prima facie case is established if the defendant shows "(1) that the group alleged to be excluded is a 'distinetive' group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relatio…
- holding that blacks and Asians are not numerous enough in Salt Lake County to constitute a distinctive group for fair cross-section purposes
- discussing Utah Code Ann. § 76-5- 202(1), the Utah capital murder statute in effect at the time of the murder and the trial
- holding that the jury need not agree on the theory supporting the conviction if there is sufficient evidence to support either theory

## Opinion text

ZIMMERMAN, Justice:
(concurring and dissenting).
I concur with the majority in parts I, II, III, IV, V, VI, IX, X, and XI. I dissent from parts VII and VIII and join Justice Durham’s opinion as it regards the analysis of the unanimity and merger questions. I also agree with her that with respect to the merger issue, the failure of the State to charge and prove legally sufficient aggravating circumstances requires that the death penalty be reversed, that the conviction be reduced to second degree murder, and that the matter be remanded for sentencing.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9565102. Public record. Not legal advice.