Legal Opinion

State v. Lowther

Court of Appeals of Utah

Decided July 30, 2015No. 20130697-CAPublishedCited by 5 opinions

1Opinion of the Court

Opinion

‘DAVIS, Judge:

{1 John Marcus Lowther entered conditional no-contest pleas to two counts of rape, reserving for appeal his challenge to the trial court's grant of the State's motion to admit evidence pursuant to rule 404(b) of the Utah Rules of Evidence. We reverse and remand.

- BACKGRQUND

A2 In support of its charge that Lowther raped K.S., the State sought to admit testimony from three other women who allege that Lowther had "raped them under similar cireumstances: they had attended a social gathering where they consumed alcohol; they went to sleep either drunk or tipsy; and they…

2Cases cited17 opinions

  1. Lovely v. United StatesCourt of Appeals for the Fourth Circuit · 1948
  2. People v. SpotoSupreme Court of Colorado · 1990
  3. State v. ShicklesUtah Supreme Court · 1988
  4. People v. BalcomCalifornia Supreme Court · 1994
  5. State v. DecorsoUtah Supreme Court · 1999

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3Cited by5 opinions

  1. State v. LowtherUtah Supreme Court · 2017
  2. State v. LaneCourt of Appeals of Utah · 2019
  3. State v. LowtherUtah Supreme Court · 2017
  4. State v. LaneCourt of Appeals of Utah · 2019
  5. State v. LowtherUtah Supreme Court · 2017

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