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State v. Lowther 2017 UT 24 (Apr. 21, 2017)

Apr 21, 2017

This appeal arose out of a conditional plea entered after the district court concluded that evidence of similar prior acts involving the defendant and other victims was admissible under the doctrine of chances.  The supreme court held that the doctrine of chances was not limited to rebutting charges of fabricationbut instead could be used to prove elements of the offense.  In doing so, the court clarified that courts should first evaluate whether the four foundational requirements of the doctrine have been met and, if so, independently analyze whether the evidence is admissible under rule 403.