Idaho v. SmalleyAnnotate this Case
Phillip Smalley was convicted by jury on two counts of sexual abuse of a vulnerable adult and one count of sexual penetration by a foreign object. On appeal, Smalley argued: (1) there was insufficient evidence to sustain his convictions for sexual abuse of a vulnerable adult because to qualify as a “vulnerable adult,” the victim must have mental deficits, not just physical infirmity; and (2) the trial court erred in admitting the victim’s preliminary hearing video deposition instead of live in-court testimony, because she was not “unavailable” as required by the Idaho Rules of Evidence. The Court of Appeals upheld Smalley’s convictions. Finding no reversible error, the Idaho Supreme Court affirmed.