State v. Fisher

OAKS, Justice:

A jury convicted defendant of second degree murder for the strangulation death of Jolene Scott, a prostitute who defendant believed was having a homosexual affair with his wife. On appeal, defendant claims that he was denied a fair trial because the prosecutor’s opening statement outlined damaging testimony that was never produced at trial.

According to defendant’s signed statement and trial testimony, he and Scott drove around Salt Lake City for seven or eight hours on July 7, 1980, while she “worked” at two truck stops. Thereafter, when he confronted her about his wife’s…