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Appeals court hears argument that trial counsel failed to press self-defense in bench trial
Summary
At oral argument in State v. Rosekranz (No. 20210943), appellant’s counsel argued trial counsel rendered ineffective assistance by not arguing self-defense on misdemeanor assault counts; the state urged deference to counsel’s strategy and to the bench-trial factfinder. The court took the matter under advisement.
Jessica Holzer, counsel for appellant Nicole Rosekranz, told the Utah Court of Appeals that Rosekranz received ineffective assistance of counsel because trial counsel failed to present or press a self-defense theory on two misdemeanor assault counts, even though Rosekranz’s testimony consistently described acting to protect herself. “Nicole received ineffective assistance of counsel when counsel failed to argue self defense on the assault charges,” Holzer argued at the start of oral argument.
Natalie Edmonson, arguing for the State, urged the court to apply Strickland’s presumption that counsel’s tactical choices…
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