IN THE THIRD JUDICIAL DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH SALT LAKE DEPARTMENT. STATE OF UTAH, RULING Plaintiff, AND ORDER v. Case No. 141907718 JOHN EDWARD SWALLOW, Judge Elizabeth A. Hruby-Mills Defendant. Before the Court is Defendant's Motion for Mistrial. Defendant has moved for a mistrial after discovery that Jury Instruction 69 misidentified Count 4 as being dismissed rather than. Count 6, Defendant's argument includes that the defendant is potentially prejudiced by possible confusion of the jury and the jury’s possible consideration of evidence and exhibits admitted regarding the subsequently dismissed count. The incorrect instruction had been proposed by the State, reviewed by both parties, and submitted to the court as part of a stipulated set of 71 instructions. Neither party recognized any error prior to, during, or after the reading of the Instructions to the jury. There is nothing to suggest this error was anything more than a clerical error. ‘The elements instructions correctly identified the counts to be considered. The court finds that the error in context of the trial, closing arguments and the jury instructions as a whole, to be de minimus. As the jury actually made the inquiry regarding Instruction 69, it likely found it to be inconsistent with the elements instructions that it had received regarding the non-dismissed charges. Regardless, any potential prejudice to the defendant was remedied by a response to the jury's inquiry, crafted by defense counsel stipulated to by the State, clarifying the dismissed counts and reiterating that the jury should not consider any evidence regarding dismissed charges. ‘The defendant's motion for mistrial is denied.CERTIFICATE OF NOTIFICATION I certify that a copy of the attached document was sent to the following people for case 141907718 by the method and on the date specified. MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL EMAIL: BRAD R ANDERSON bandersonojarviedefense.com EMAIL: BYRON F BURMESTER fburnester@slco.org EMAIL: CHOU CHOU COLLINS ccollins@sico.org EMAIL: SAMUEL P SUTTON ssutton@slco.org EMAIL: CARA M TANGARO cara@tangarolaw.com EMAIL: SCOTT C WILLTAMS scwlegalegmail.com 03/02/2017 // KXTIE JOHNSON Date: Printed: Deputy Court Clerk 03/02/27 12:55:53 Page 1 of 1