Evidence

Polygraph Results Are the Subject of Expert Testimony Can polygraph tests be admitted in criminal cases in Utah? Generally speaking, polygraph results are not admissible in Utah courts because they do not satisfy Utah Rules of Evidence 702. That is because over time, they have been unable to meet the basic threshold of being inherently reliable in the scientific community.…

Conflicting Evidence and the Burden of Beyond a Reasonable Doubt When there is conflicting evidence a jury can still convict beyond a reasonable doubt. Whether conflicting evidence can still result in a jury verdict beyond a reasonable doubt was address in a recent case, State v. Bourk. Bradley Edward Bourk was convicted of aggravated robbery, and the aggravating factor was…

Getting A New Trial Based on New Evidence Can Be Difficult A new trial can be had if new evidence that makes a material difference is timely discovered. Danny Logue was convicted of aggravated murder, possession of a dangerous weapon by restricted person, and obstruction of justice. Brandon Wright, a witness for the State at trial, testified that Logue admitted…

Rule 403 Can Be Used to Omit Relevant Evidence Even relevant evidence can be deemed inadmissible if Rule 403 is satisfied. The Utah Supreme Court recently addressed the applicability of Rule 403 of the Utah Ruels of Evidence in State v. Cuttler, 2015 UT 95. In that case, James Cuttler was charged with vaginally raping and orally and anally sodomizing his…

What does Authenticating Evidence Mean? Authenticating evidence is required before the evidence can be admitted in court. Evidence can only be admitted in court if it is first authenticated, that is, the party seeking to admit the evidence must present evidence showing that the thing is what the party says it is. To satisfy the requirement of authenticating or identifying…