Not Hearsay if Not for the Truth, & Irrelevant Evidence is Not Admissible

SLC v. Denier, 2010 UT App. 24, (Utah Court of Appeals, February 4, 2010).

Denier violated a Protective Order by leaving a message for the Petitioner.  He was charged and convicted of violating the Protective Order.  He appealed. 

Denier argued that the message left for the Petitioner was inadmissible hearsay.  In the message, Denier indicated that he knew his message was being recorded and that in all previous complaints he had been found innocent.  The Court of Appeals affirmed the trial court, finding the truth of the statements left in the message as unimportant.  The issue was whether Denier left the message.

Denier next objected the trial court findings that testimony regarding the visitation order was irrelevant.  The Court of Appeals affirmed that the custody agreement would have little bearing as to whether a message left was a violation of the Protective Order.  In part, this was due to Denier failing to describe or proffer the visitation order.

Full Decision available at http://www.utcourts.gov/opinions/mds/denier020410.pdf