State v. Cutler, 2015 UT 95 (Dec. 24, 2015)

In this criminal appeal, the Utah Supreme Court extended its holding in State v. Lucero, 2014 UT 15, 328 P.3d 841 to the examination of Rule 404(c) evidence under Rule 403 of the Utah Rules of Evidence. In Lucero, the Court had held that while the factors announced in State v. Shickles, 760 P.2d 291 (Utah 1988) may be useful in evaluating whether Rule 404(b) evidence satisfies Rule 403, the plain language of Rule 403 controls and not all Shickles factors need be considered. The Court makes clear that the same analysis applies to Rule 404(c) evidence.