The Appellate Group

In re DAT

In re DAT, 2021 UT App 69 (Orme, J.)

Juvenile Delinquency

The State charged a juvenile with inappropriately touching a teenage girl. The State then produced for the juvenile a copy of a police report, which noted all the individuals the police interviewed. The juvenile filed a notice of alibi witness, and the State did not respond, as it was required to do per the statute. At the delinquency hearing, the juvenile objected to the State’s witnesses, arguing that the State should not be allowed to present evidence to refute the alibi defense because the State did not respond to the juvenile’s notice. The juvenile court rejected the argument. The Utah Court of Appeals affirmed, holding: :

  • The police reports provided the juvenile with all the information he would have received had the State responded to the notice of alibi—the contact information for witnesses the State would use to impeach the juvenile. See Utah Code § 77-14-2. Thus, the juvenile court did not abuse its discretion in determining that good cause existed to waive the State’s obligations under the alibi statute.

Read the full court opinion