Legal Opinion · Dissent

State v. Martin

Utah Supreme Court

Decided March 29, 2002No. 20000853Published

1DissentWilkins, Justice

1 58 I respectfully dissent. While I concur with the lead opinion that the evidence regarding the victim's past acceptance of a ride to school is not prohibited by rule 412, I find it both to be of marginal relevance at best and unlikely to produce a different result on retrial. I would not reverse the trial court on that basis.

$54 As eloquently described in the lead opinion, at issue is evidence regarding an incident when the victim accepted a ride to school from a stranger. The lead opinion finds this evidence to, be particularly telling regarding the dispute between the victim and the…

2Cases cited10 opinions

  1. State v. DunnUtah Supreme Court · 1993
  2. State v. HolgateUtah Supreme Court · 2000
  3. State v. JamesUtah Supreme Court · 1991
  4. State v. BrownUtah Supreme Court · 1997
  5. State v. HarmonUtah Supreme Court · 1998

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