State v. Kelson
Annotate this CaseDefendant was convicted of five securities law violations and one count of maintaining a pattern of unlawful activity related to an investment scheme. The court of appeals reversed Defendant’s securities law convictions, concluding that her counsel rendered ineffective assistance by stipulating to a jury instruction that the court concluded impermissibly shifted the burden to Defendant and relieved the State of its burden to prove each element of an offense beyond a reasonable doubt. The Supreme Court reversed, holding that the jury instruction at issue was an accurate statement of Utah law and not an evidentiary presumption unlawfully shifting the burden of proof to the defense. Remanded.
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