The Appellate Group

State v. Lewis

State v. Lewis, 2024 UT App 96 (Orme, J.)

Evidence

A protective order prohibited Lewis from communicating with Ex-Wife except through written form about their children. Ex-Wife later alleged Lewis raped her and went to the police. The county attorney committed to not prosecute Lewis for a protective order violation and had Ex-Wife call Lewis to discuss her allegations. The district court suppressed the recorded phone call, and a divided Court of Appeals affirmed, holding: 

  • The district court did not abuse its discretion in concluding the phone call should be excluded under rule 403 of the Utah Rules of Evidence.
  • Dissent: In a 20-page dissent, Judge Tenney disagreed, explaining the probative value of the phone call did not substantially outweigh the danger of unfair prejudice to Lewis.

Read the full court opinion