State v. Granere
State v. Granere, 2024 UT App 1 (Orme, J.)
A jury convicted Defendant of 3 charges related to the sexual abuse of a child. The trial court denied Defendant’s motion to arrest judgment and motion for new trial based on claims of ineffective assistance of counsel. Defendant appealed. The Utah Court of Appeals reversed in part and affirmed in part, holding in part:
- Trial counsel was ineffective for failing to request a proper unanimity instruction on two charges.
- Under rule 403, the district court did not abuse its discretion in excluding evidence speculating that the child’s uncle was the source of the child’s injury.
- Practice tip: The Court of Appeals was unsure whether certain presumptions of inadmissibility of rule 412 evidence continued to be applicable.
- Practice tip: The Utah Supreme Court has expressly rejected Utah Rule of Evidence 602 as a means of rendering a child sexual assault victim’s testimony inadmissible for lapses in memory. They are appropriately dealt with under rule 403.