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State v. Casey

82 P.3d 1106 (2003)

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State v. Casey

Utah Supreme Court

82 P.3d 1106 (2003)

Facts

Michael Casey (defendant) was involved in a relationship with Tresa Franz. On April 12, 1999, Casey and a friend met Franz at her home, where the three consumed alcohol. Casey then drove them to a liquor store, where Franz purchased a bottle of rum. Although Franz and the friend each had a drink, Casey consumed most of the bottle. Intoxicated, Casey became belligerent, and he and Franz began arguing. When Franz asked Casey to take her home, Casey refused, laughing at her and threatening to kill her. Following this threat, Casey drove to another friend’s home, where he exited the vehicle. When Casey returned, he and Franz began arguing again. Casey reached behind the driver’s seat and grabbed a handgun. Franz asked Casey again if he could take her home, and Casey responded, “F*** you, bitch. I’m going to take you home alright,” and pointed the handgun at Franz’s head. Casey pulled the trigger, but the handgun misfired. Casey pointed the handgun at Franz’s feet and successfully fired a round, which lodged in the floor of the vehicle. Casey once again pointed the handgun at Franz’s head, but Franz managed to jump out of the moving vehicle as Casey fired one last round. Casey was convicted of attempted murder. Casey appealed, asserting the trial court committed reversible error by instructing the trier of fact that the required mental state for attempted murder was intentionally or knowingly.

Rule of Law

Issue

Holding and Reasoning (Durrant, C.J.)

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