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STATE v. JOHNSON

No. 20100393-CA.

330 P.3d 743 (2014)

2014 UT App 161

STATE of Utah, Plaintiff and Appellee, v. Michael Waddell JOHNSON, Defendant and Appellant.

Court of Appeals of Utah.

July 3, 2014.

Attorney(s) appearing for the Case

Ronald Fujino , for Appellant.

Sean D. Reyes and Karen A. Klucznik , for Appellee.

Judge JAMES Z. DAVIS authored this Opinion, in which Judge STEPHEN L. ROTH concurred, with opinion, and Senior Judge RUSSELL W. BENCH dissented, with opinion.

Opinion

DAVIS, Judge:

¶ 1 Michael Waddell Johnson appeals from a conviction of murder, a first-degree felony, following a jury trial in March 2010. We reverse and remand.

BACKGROUND

¶ 2 The deceased (Decedent) in this case was discovered dead on the night of Monday, January 12, 1998, by her son.2 She was found lying on her bed fully clothed and wearing shoes. The medical examiner who performed the...

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