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Appeals court hears Dupree challenges over officer testimony, Miranda discouragement and jury‑instruction error
Summary
In State v. Dupree, defense argued the trial should have been mistried after an officer’s volunteered testimony that Dupree was a felon; counsel also raised Miranda‑related discouragement and a confusing instruction on extreme emotional distress. The state cited video and confession evidence and urged affirmance; the court took the matter under advisement.
The Utah Court of Appeals heard argument Wednesday in State v. Dupree on several preserved and unpreserved trial errors: a preserved mistrial motion prompted by officer testimony that Dupree was a felon (and therefore not permitted to possess a firearm), Miranda‑related claims that the detective discouraged invocation of counsel, and a contested jury instruction on extreme emotional distress.
"A mistrial was the only remedy that would avoid injustice in this case," defense counsel Natalie Scabine told the panel, arguing that the…
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