State v. Goins

Justice Pearce, opinion of the Court:

INTRODUCTION

¶ 1 Petitioner DeSean Goins challenges the court of appeals' decision upholding the district court's admission at trial of the preliminary hearing testimony of an unavailable witness. Specifically, Goins argues that the court of appeals erroneously concluded the unavailable witness's testimony was properly admitted under rule 804 of the Utah Rules of Evidence. Goins contends that because article I, section 12 of the Utah Constitution limits preliminary hearings to establishing probable cause, his counsel did not have a similar motive to develop…