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State v. Goins, 2017 UT 61 (Sept. 6, 2017)

Sep 6, 2017

The court overruled its prior holding in State v. Brooks and held that Utah R. Evid. 804 precludes the admission of preliminary hearing testimony at trial as a matter of law because defense counsel does not have a similar motive to develop testimony at the preliminary hearing as they do at trial.  Regardless, the court affirmed the appellant’s felony conviction, finding that the admission of preliminary hearing testimony at trial was harmless.