Utah Supreme Court

State of Utah, Appellee v. Komasquin Lopez, Appellant.

February 9, 2018417 P.3d 116

Summary

The Utah Supreme Court reversed Komasquin Lopez’s murder conviction, holding that the trial court erred in admitting Dr. Bryan’s expert testimony under Utah Rule of Evidence 702 and in admitting prior‑act character evidence under Utah Rule of Evidence 404(b). Both errors were deemed harmful, and the case was remanded for further proceedings consistent with this opinion.

Holding

  • Whether the admission of Dr. Bryan’s expert testimony under Utah Rule of Evidence 702 was proper.. The trial court erred in admitting the expert testimony because the State failed to establish the reliability of the Fluid Vulnerability Theory of Suicide for post‑mortem risk assessment, violating Rule 702.
  • Whether the admission of Lopez’s prior gun‑pointing acts under Utah Rule of Evidence 404(b) for identity was proper.. The trial court abused its discretion by admitting the prior acts because they were not sufficiently similar or frequent to satisfy the doctrine of chances and amounted to impermissible propensity evidence.

Docket Case No. 20151094

Cited authorities

  • 51 Ohio St. L.J. 575

Cited by

Read full opinionPDF