State v. Cuttler

Justice HIMONAS,

opinion of the Court:

INTRODUCTION

11 The State charged the defendant, James Cuttler, with vaginally raping .and orally and anally sodomizing his then seven-year-old daughter,. To bolster its case, the State sought to introduce evidence pursuant to rule 404(c) of the Utah Rules of Evidence that in 1984 and 1985 Cuttler vaginally raped and orally and anally sodomized his then eight- and ten-year-old daughters, demonstrating "a propensity to commit the crimes] charged." Urax R. Evip. 404(c)(1). Cuttler objected. He argued that such evidence was inadmissible under rule "404(c)…