Legal Opinion
State v. Guard
Court of Appeals of Utah
Decided November 15, 2013No. 20100720-CAPublishedCited by 2 opinions
1Opinion of the Court
Opinion
ROTH, Judge:
[ 1 Jimmy D. Guard appeals from his conviction for child kidnapping. Guard asserts that the trial court abused its discretion when it excluded his expert's testimony on the reliability of eyewitness identification from trial, We vacate the conviction and remand for a new trial.
BACKGROUND
1 2 Guard's conviction for child kidnapping resulted from the following evidence. Between 3:00 and 4:00 pm. on November 15, 2004, a nine-year-old child was grabbed from behind while she was walking from the school bus to her home. The abductor put his hand over the child's mouth and told her…
2Cases cited26 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- United States v. WadeSupreme Court of the United States · 1967
- Teague v. LaneSupreme Court of the United States · 1989
- Griffith v. KentuckySupreme Court of the United States · 1987
- Linkletter v. WalkerSupreme Court of the United States · 1965
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3Cited by2 opinions
- State v. GuardUtah Supreme Court · 2015
- Terry v. AndersonCourt of Appeals of Utah · 2016