Utah Court of Appeals hears challenge to Wall conviction over omitted jury instructions and alleged trial errors

Utah Court of Appeals judges heard argument Wednesday in State v. Wall (No. 20220835) on whether trial counsel provided ineffective assistance by failing to request an affirmative‑defense instruction on theft and a unanimity instruction on an obstruction count.

The question for the three‑judge panel — Judge Ryan Harris, Judge John Luthy and Judge Amy Oliver — was whether a reasonably competent attorney would have requested those instructions, and if so whether their omission caused prejudice to the defendant Martin Wall.

Appellate counsel for Wall argued the trial lawyer should have requested an instruction that would have allowed the jury to consider an affirmative defense to the aggravated burglary charge tied to an alleged honest belief about ownership of cell phones recovered after the incident.…