Supreme Court of Utah
652 P.2d 903 (Utah 1982)
On February 20, 1980, Clyde Maestas (defendant) robbed a bank and fled in a van. After Sergeant Cecil Throckmorton shot at the van in an attempt to disable it, Maestas leaned out of the van’s window and shot at Sergeant Throckmorton. Maestas was apprehended a few blocks away after crashing the van, and was later charged with attempted first-degree murder for firing at Sergeant Throckmorton. At trial, the jury used the culpability standard specified in the elements of first-degree murder to find that Maestas had intentionally or knowingly acted when firing at Sergeant Throckmorton. The jury applied this standard to render a guilty verdict against Maestas for attempted first-degree murder. At sentencing, Maestas filed a motion to dismiss the verdict, claiming that under the common law, an attempted first-degree murder conviction required specific intent, which was a level of culpability higher than the intentional-or-knowing standard required for first-degree murder. The trial court agreed with Maestas and granted his motion to dismiss the charge, finding that there was insufficient evidence of specific intent to kill under the common law. The state appealed the trial court’s dismissal of the charge.
Rule of Law
Holding and Reasoning (Hall, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 218,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.