The Appellate Group

State v. Gaines

State v. Gaines, 2026 UT App 44 (Gaines, J.)

Criminal Law

The Utah Court of Appeals held:

(1) The district court erred in denying Defendant’s motion to exclude Torrential Downpour search results. The error was harmful as to 5/12 child sexual abuse material (CSAM) convictions.

(2) Defendant did not receive ineffective assistance related to (1) failure to move for directed verdict, (2) failure to impeach a witness, (3) failure to show additional portions of Defendant’s police interview, and (4) failure to object to improper expert testimony.

Practice tip:

In cases where CSAM files are not found on a defendant’s device, and where the State’s case depends, in significant part, on evidence of Torrential Downpour’s search results, additional information about Torrential Downpour may be material.

Read the full court opinion