State v. Jolley
State v. Jolley, 2025 UT 9 (Pohlman, J.)
Criminal Law
The Utah Supreme Court held:
- The district court erred in denying Alleged Victim’s motion to quash Defendant’s subpoena. A party seeking to admit evidence under rule 412(b) exception of the Utah Rules of Evidence cannot compel a victim to testify at a rule 412 hearing.
- Practice tip: The moving party must identify the evidence it seeks to admit in advance of the rule 412 hearing. The victim has no obligation to provide testimony at the hearing so that the moving party can meet its burden.