Utah Supreme Court

State of Utah, Appellee v. Michael Waddell Johnson, Appellant.

November 14, 20172017 Utah LEXIS 175

Summary

The court reversed the court of appeals because it improperly reviewed a jury-instruction issue that was neither preserved at trial nor raised on appeal. It held that invited error, the absence of ineffective-assistance briefing, and mere oversight by trial counsel did not establish a valid exception to preservation or exceptional circumstances. The case was remanded for consideration of Johnson's other unresolved claims of error.