State v. Dodge

For the following reasons I dissent. The main opinion holds whether the exclusion rule has been violated is within the sound discretion of the trial court, 'and to declare a mistrial the burden is on accused to demonstrate he has been prejudiced.

With these two statements I cannot agree. In support of them, State v. Vaughn, Utah, 554 P.2d 210, is cited in the main opinion. I do not now believe that to be good law. My concurrence in Vaughn notwithstanding, we should overrule that part of Vaughn upon which the main opinion relies.

Whether the exclusion rule has been violated is not within the…