State v. Nguyen
Annotate this CaseA jury convicted Petitioner of aggravated sexual abuse of a child, sodomy on a child, and attempted rape of a child. The court of appeals affirmed. On certiorari, Petitioner argued that the court of appeals erred in affirming the trial court's ruling that the state was not required to make a separate showing of good cause to admit the alleged victim's recorded statements under Utah R. Crim. P. 15.5. The Supreme Court affirmed the court of appeals, holding (1) a separate showing of good cause to admit a recorded statement is not required under rule 15.5; and (2) rather, good cause is established when the trial court considers all the factors in the rule and determines that the recorded statement is accurate, reliable, and trustworthy, and that admission of the recorded statement is in the interest of justice.
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