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State v. Biel 2021, UT 8 (Apr. 1, 2021)

Apr 1, 2021

This appeal arose from a criminal trial where the defendant filed a motion in limine challenging the State’s ability to call two witnesses in order to impeach each with prior inconsistent statements, and the prior statements coming into evidence.  In reversing the district court’s grant of the motion, the supreme court held that nothing in the text of Utah R. Evid. 607 and 801(d)(1)(A) prevents the State, or any party, from calling a witness they know will contradict a prior statement solely to get the prior statement into evidence.