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STATE v. AUSTIN

Nos. 20060508, 20060541, 20060566.

165 P.3d 1191 (2007)

2007 UT 55

STATE of Utah, Plaintiff and Respondent, v. Graham AUSTIN, Defendant and Petitioner. State of Utah, Plaintiff and Respondent, v. Franklin Eric Halls, Defendant and Petitioner. State of Utah, Plaintiff and Respondent, v. Devon Kinne, Defendant and Petitioner.

Supreme Court of Utah.

July 17, 2007.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., J. Frederic Voros, Jr., Joanne C. Slotnik, Erin Riley, Asst. Att'ys Gen., for plaintiff.

William L. Schultz, Moab, Autumn R. Fitzgerald, Keith Andrew Fitzgerald, Monticello, for defendants.

DURHAM, Chief Justice:

¶ 1 The defendants in these consolidated cases were tried and convicted of separate offenses. They each assert, however, that the reasonable doubt jury instruction used at their trials violated the standard set forth by this court in State v. Reyes, 2005 UT 33, 116 P.3d 305, because all the instructions included the statement that the State's evidence must "eliminate all reasonable doubt." We conclude...

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