State v. Goins

The Supreme Court disavowed its holding in State v. Brooks, 638 P.2d 537 (Utah 1981) that counsel always has the same motive to develop testimony at a preliminary hearing that she will have at trial.At issue was the admission of preliminary hearing testimony of an unavailable witness at Defendant’s criminal trial. The court of appeals concluded that the unavailable witness’s testimony was properly admitted under Utah R. Evid. 804. On appeal, Defendant argued because Utah Const. art. I, section 12 limits preliminary hearings to establishing probable cause, his counsel had a different motive in conducting cross-examination at the preliminary hearing than she would have at trial. The Supreme Court agreed and held (1) a district court should examine preliminary hearing testimony to ensure that the defendant possessed a similar motive before admitting the testimony under Rule 804; (2) the court of appeals in this case erred when it affirmed the admission of the witness’s preliminary hearing testimony; and (3) the admission of preliminary hearing testimony constituted error with respect to Defendant’s misdemeanor conviction, but its admission was harmless as to Defendant’s felony conviction. View "State v. Goins" on Justia Law