State v. Lowther

On Certiorari to the Utah Court of Appeals

AMENDED OPINION *

Chief Justice Durrant,

opinion of the Court:

Introduction

¶ 1 This ease requires us to determine whether the doctrine of chances’ four foundational requirements, outlined in State v. Verde, 1 apply to both rule 403 and rule 404(b) of the Utah Rules of Evidence. The court of appeals concluded that Verde 's foundational requirements displaced the factors set forth in State v. Shickles 2 for purposes of a rule 403 balancing test. 3 As discussed below, the court of appeals erred. In applying rule 403, a court is not required to consider any…