Utah Supreme Court
State of Utah, Appellant v. Robert Damien Thornton, Appellee
February 21, 2017833 Utah Adv. Rep. 42
Summary
The Utah Supreme Court reinstated Thornton's conviction, holding that the trial court properly admitted evidence of Thornton's prior misconduct under Rule 404(b) and correctly excluded the victim's sexual history under Rule 412, repudiating the previously required “scrupulous examination” standard. Justice Durham, in a concurring opinion, agreed with the result but disagreed with the majority’s analysis of the Rule 412 issue.
Holding
- Whether the trial court erred in admitting evidence of Thornton's prior misconduct under Utah Rule of Evidence 404(b).. The trial court did not err; the evidence was admissible because it was offered for a proper non‑propensity purpose and the court acted within its discretion under Rules 404(b), 402, and 403.
- Whether the trial court erred in excluding evidence of the victim's prior sexual history under Utah Rule of Evidence 412 and the Sixth Amendment.. The trial court correctly excluded the evidence; Thornton failed to show that the evidence was essential to his defense and therefore no Sixth Amendment violation occurred.
Docket Case No. 20150029
Cited authorities
- 40 Vand. L. Rev. 1023
- U.S. Const. amend. VI