Monday, January 4, 2016

The plain language of Utah Rule of Evidence 403 is the legal standard, nothing more or less.
 

    The Utah Supreme Court overturned the district court's determination that propensity evidence could be allowed. The district court had looked to "factors set forth in State v. Shickles[,] 760 P.2d 291 (Utah 1988)," but the Utah Supreme Court indicated that the text of rule 403 controls and that anything beyond or below that is the wrong legal standard and an abuse of discretion. The Utah Supreme Court held that "courts are bound by the text of rule [of evidence] 403, not limited lists of considerations used in cases."

http://www.utcourts.gov/opinions/supopin/State%20v.%20Cuttler20151224.pdf

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