State v. Walker

Opinion

POHLMAN, Judge:

¶1 Timothy Noble Walker asserts that he was denied his federal constitutional right to a jury trial with respect to a key element of the State’s case. We agree and therefore vacate his conviction and remand for a new trial.

BACKGROUND 1

¶2 Walker and his wife (Wife) had been married less than a month when Wife’s employer transferred her job from South Carolina to Utah. The couple then moved to Utah, bringing Wife’s teenage son (Son) with them. They stayed in hotels for a few days while Wife began work at her new location.

¶3 One evening the three were together in their…