APPELLATE HIGHLIGHTS

  • SEE ALL
  • CONTRIBUTING AUTHORS

State v. Modes, 2020 UT App 136 (Oct. 1, 2020)

Oct 1, 2020

Applying plain error review, the court of appeals affirmed, among other things, the district court’s admission pursuant to Utah R. Evid. 404(c) not only a certified copy of the defendant’s prior conviction for sexual battery, but also the prior victim’s testimony. The court of appeals explained that Rule 404(c) allows admission of evidence showing the defendant had a propensity to molest children regardless of the ultimate disposition of any prior charges. “[S]elective admission of evidence would run contrary to the very purpose of Rule 404(c).”