State v. Bedell
Annotate this CaseAfter a jury trial, Defendant was convicted of sexual battery, a misdemeanor. Before trial, the district court ruled that evidence of other sexual misconduct allegations against Defendant was inadmissible. However, during redirect examination of an investigating detective, the prosecutor elicited testimony about other allegations of sexual misconduct against Defendant, which was classified as Utah R. Civ. P. 404(b) evidence. A panel majority of the court of appeals reversed and remanded for a new trial after refusing to apply the presumption of regularity in favor of the State, holding that the district court plainly erred and counsel rendered ineffective assistance in allowing the Rule 404(b) evidence. The Supreme Court reversed without addressing the State’s argument that a gap in the record of a criminal trial should always be interpreted in favor of the State, holding that Defendant’s trial counsel was not ineffective in referencing and admitting the Rule 404(b) evidence, and the district court did not commit plain error in allowing the evidence to be presented. Remanded.
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