Utah v. Tulley

Travis Tulley claimed that while he was napping on Victim’s couch, Victim held a knife to his forehead and attempted to grope his genitals. In response, Tulley violently assaulted Victim, a 71-year-old man. Tulley wanted to introduce evidence at trial of Victim’s prior sexual misconduct. The district court excluded much of that evidence, but held that Tulley could present some of it in a “sanitized” form. Tulley also asked the district court to instruct the jury that he would be entitled to defend himself if he was trying to prevent “forcible sexual abuse.” The district court declined Tulley’s request. The jury convicted Tulley of reckless aggravated abuse of a vulnerable adult and interference with an arresting officer. Tulley received a sentence enhancement because he qualified as a habitual violent offender. Granting Tulley's petition for certiorari review, the Utah Supreme Court concluded the district court correctly excluded evidence of Victim’s prior sexual misconduct and correctly instructed the jury. Furthermore, the Court determined Utah’s aggravated abuse statute was not unconstitutionally vague and concluded Tulley did not meet his burden of establishing that Utah’s habitual violent offender statute violated either the Utah Constitution’s cruel and unusual punishment clause or the double jeopardy clause. View "Utah v. Tulley" on Justia Law