Utah Supreme Court
State of Utah, and v. James Eric Verde, and
September 25, 2012718 Utah Adv. Rep. 115
Summary
The Utah Supreme Court reversed James Eric Verde's conviction, holding that the trial court erred in admitting prior uncharged sexual misconduct evidence to prove specific intent and a plan, and also erred in affirming its admission to rebut a fabrication defense. The Court remanded for a new trial, leaving open the possibility that such evidence may be admissible under the doctrine of chances if the district court applies the newly articulated standards.
Holding
- Whether evidence of prior uncharged sexual misconduct is admissible under Utah Rule of Evidence 404(b) to prove specific intent to commit child sexual abuse.. The evidence was not admissible for that purpose; the Court reversed the Court of Appeals and remanded for a new trial.
- Whether such evidence is admissible to show a defendant’s plan to entice teenage males.. The evidence was not admissible to prove a plan because there was no overarching, preconceived design linking the prior acts to the charged offense.
- Whether the evidence is admissible to rebut a defendant’s claim that the victim fabricated testimony.. The Court reversed the appellate affirmation of admissibility on this ground and remanded, directing the district court to apply the doctrine of chances using the standards articulated herein.
Docket No. 20100286
Cited authorities
- 29 U.C. Davis L. Rev. 355
Cited by
- Marchet v. Benzon
- State of Utah, and v. Pailate K. Lomu, and
- State of Utah, and v. Azlen Adieu Farquat Marchet, and
- State of Utah, and v. Troy Dean Labrum, and
- State of Utah, in the Interest of W.e.m., a Person Under Eighteen Years of Age. W.e.m. v. State of Utah
- State of Utah, Petitioner v. Dustin Lynn Bird, Respondent
- State of Utah, Petitioner v. Dustin Lynn Bird, Respondent
- State of Utah, Appellant v. Robert Damien Thornton, Appellee