State v. Nunez
State v. Nunez, 2021 UT App 86 (Mortensen, J.)
After being convicted on various counts alleging improper sexual conduct with a child, Mr. Nunez appealed on a variety of bases, including claims related to the CJC interview of the child being admitted under rule 801(d)(1)(A) of the Utah Rules of Evidence, without the requirements of rule 15.5 of the Utah Rules of Criminal Procedure being satisfied. The Utah Court of appeals affirmed:
- OF NOTE: Rule 15.5 of the Utah Rules of Criminal Procedure is a “permissive” method of introducing a child’s out-of-court statements, not the “exclusive” method. If a statement made by a child witness in an out-of-court interview is independently admissible under some other rule of evidence or procedure, litigants need not satisfy rule 15.5.
- Here, the court did not err in admitting the CJC interview under rule 801(d)(1)(A), and counsel did not provide ineffective assistance in failing to challenge the admission of the CJC interview under rule 15.5.