In State v. Kirby, 2016 UT App 193, defendant Kevin Darrell Kirby and a female acquaintance partied together in a motel room in Salt Lake City. Their room eventually became a crime scene, and Kirby was charged and later convicted of tampering with a witness, aggravated assault, and aggravated kidnapping. Kirby bought crack cocaine and vodka, which he and Victim…
The Court Can Exclude Relevant Evidence if it Causes Unfair Prejudice The court of appeals recently addressed rule 404(b) and the “unfair prejudice” standard for excluding relevant evidence in State v. Rackham. In the Rackham case, a sexual battery case, the court of appeals held that evidence from other women was relevant but caused unfair prejudice so was inadmissible. In…
Multiple Aggravated Robbery Counts May Be Combined Under the Single Larceny Rule Three friends drove together to a cell phone store where they entered the store but did not lock the car doors. Bell was someone inside the store, but when he left he began checking cars...
Evidence of a Criminal Conviction Involving Dishonesty Evidence of a past criminal conviction may be admissible in a different trial under Rule 608. Dr. Taylor started treating Mr. Robinson in 2003 for chronic back pain and degenerative disc disease. He prescribed various pain medications to Mr. Robinson over the next three years, but Mr. Robinson developed a drug tolerance that…
A Procedurally Defective Notice of Adoption does not Start the Time to Contest the Adoption Phillip J. James and Mother became pregnant with an expected due date of September 2014. Around March 2014, Mother looked into an adoptive placement for the child by contacting LDS Family Services (LDSFS). A few months later, Mother had a phone conference with prospective adoptive parents,…
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 Exactly can be Obtained Through a Gramma Request? One can obtain even individual financial records through a GRAMMA request. Article I, section 14 of the Utah Constitution prohibits state actors from conducting unreasonable searches and seizures. The state can seize evidence without violating section 14 if it uses a valid warrant or subpoena. In Shroeder v. Utah Atty. General’s…
Want to Modify Alimony? Get Your Ducks in a Row Fish v. Fish is a recent case decided by the Utah Court of Appeals involving the attempted modification of an alimony award. In that case, Diane and Jeffery got married in 1980, and Diane filed for divorce in 2007. Jeffery was ordered to pay alimony of $800 per month, which he appealed…
Prosecutors Must Prove that the Defendant had the Specific Intent Required In the Carrera case the court found that the prosecutors did not prove that the defendant had the specific intent to commit the crime of knowingly unlawfully possessing another’s social security card. In the recent Carrera case the Utah Supreme Court addressed what prosecutors must prove when the elements of a…
Multiple Gun Shots Means Multiple Felony Unlawful Discharge Charges The Utah Supreme Court has said that an individual can be charged with unlawful discharge of a firearm for each shot fired. The Utah Supreme Court recently decided State v. Rasabout, 2015 UT 72. Andy Rasabout was a member of the street gang called the Tiny Oriental Posse. On November 1,…
