State v. Green
State v. Green, 2023 UT 10 (Durrant, C.J.)
Torrey Green was charged with sexually assaulting seven women. On his lawyer’s motion, six of the seven cases were consolidated for trial. A jury convicted Mr. Green of charges for each of the six consolidated cases. At the Utah Supreme Court, Mr. Green argued that under the Utah Rules of Evidence, the doctrine of chances should be abrogated. He also argued that the district court had admitted several inadmissible hearsay statements and that he had received ineffective assistance of counsel. The Utah Supreme Court affirmed but overturned the doctrine of chances, holding in part:
- The doctrine of chances has been difficult to apply in practice and its requirements deviate from the plain text of the rules of evidence. Accordingly, the plain text of the rules is a better guide to what evidence is admissible.
- Practice Tip: When defending sex crimes, a defense of fabrication opens the door to other acts evidence meant to rebut the fabrication defense.