The Appellate Group

State v. Plazola

State v. Plazola, 2023 UT App 161 (Luthy, J.)


A criminal defendant was convicted of one count of child sexual abuse. On appeal he argued that the trial court improperly admitted evidence at trial. He specifically argued that testimony regarding a previously dismissed sexual abuse allegation (along with the full recording of an interview which occurred in that case) should not have been admitted. The Utah Court of Appeals reversed his conviction, holding:

  • The trial court committed plain error by admitting the whole CJC interview under rule 801(d)(1)(B) when nearly all of the interview’s contents constituted inadmissible hearsay.

Read the full court opinion