A malpractice case filed against two defense attorneys by a former Logan elementary school teacher convicted of sex abuse will go back to district court, the Utah Court of Appeals ordered Thursday.
Alan Roy Willey, 59, was sentenced in October 2007 to one to 15 years at the Utah State Prison, after a 1st District Court jury found him guilty of seven charges of felony sex abuse that June for inappropriately touching one of his fourth-graders at Wilson Elementary in Logan during the 1993-1994 school year. The conviction came during a second trial, after the first trial resulted in a hung jury.
Willey appealed the conviction, arguing that his former attorneys, Walter Bugden Jr. and Tara Isaacson, provided ineffective assistance of council by failing to call a memory expert at trial. That claim was rejected when the Utah Court of Appeals found that the attorneys' decision to not have a memory expert testify fell well within the bounds of trial strategy.