State v. Collard

Summary

The Utah Court of Appeals affirmed the denial of Kevin Michael Collard’s motion to arrest judgment on two convictions for violating a permanent protective order. The court held that sufficient evidence supported the convictions, but concluded that trial counsel provided ineffective assistance by failing to seek redaction of prejudicial and irrelevant findings in the temporary protective order. The court reversed Collard’s convictions and remanded for a new trial or other appropriate proceedings.

Holdings

1. The State presented sufficient evidence from which a reasonable jury could infer that the permanent protective order contained the same no-contact terms as the temporary protective order and that Collard violated those terms by indirectly contacting Olivia through her coworkers.
2. Counsel performed deficiently by failing to seek redaction of the temporary protective order's irrelevant and prejudicial finding concerning Collard's alleged domestic violence or threat to Olivia, and Collard established prejudice sufficient to prove ineffective assistance of counsel.

Questions Presented

1. Whether the State presented sufficient evidence of the terms of the permanent protective order to support Collard's convictions for violating it on April 13, 2020.
2. Whether trial counsel rendered ineffective assistance by failing to seek redaction of the temporary protective order's finding that Collard had abused or committed domestic violence against Olivia or posed an immediate threat to her safety.
3. Whether the court erred in denying Collard's motion for a mistrial based on testimony concerning the grounds for the protective order.

Disposition

reversed_and_remanded