State v. Buttars, 2020 UT App 87 (June 4, 2020)

The court of appeals reversed and remanded for a new trial a conviction for securities fraud based upon the district court’s reliance on the residual exception under Utah R. Evid. 807 to admit certain necessary bank records rather than relying on the business records exception found in Utah R. Evid. 803(6).  The court of appeals held that “it was error to admit the bank records under the residual rule without a more compelling explanation for why the business records exception would not suffice.”