Legal Opinion

State v. Cady

Court of Appeals of Utah

Decided January 11, 2018No. 20151018-CAPublishedCited by 18 opinions

1Opinion of the Court

MORTENSEN, Judge:

¶1 No means no. So does "unh-unh," especially when accompanied by a host of other nonverbal cues-such as pushing an assailant away, turning away from him, crying, and curling up in fetal position. When Defendant Michael Aaron Cady ignored Victim's several expressions of nonconsent, he committed object rape. He now challenges a jury's conviction of him for that crime, arguing the evidence was insufficient to support a conclusion (1) that Victim did not consent to the encounter or (2) that he was reckless with regard to her nonconsent. He also argues that because the jury…

2Cases cited10 opinions

  1. State v. RobbinsUtah Supreme Court · 2009
  2. Neff v. NeffUtah Supreme Court · 2011
  3. United States v. Osman ReyesCourt of Appeals for the Fifth Circuit · 2017
  4. State v. BagnesUtah Supreme Court · 2014
  5. State v. PraterUtah Supreme Court · 2017

5 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State v. SkinnerCourt of Appeals of Utah · 2020
  2. State v. MillerCourt of Appeals of Utah · 2023
  3. State v. RiveraCourt of Appeals of Utah · 2019
  4. State v. PattonCourt of Appeals of Utah · 2023
  5. State v. JokCourt of Appeals of Utah · 2019

13 more not listed; retrieve them via the Exa API.

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