Determining the Credibility of Credible but Conflicting Testimony is Properly Reserved for the Jury

State of Utah Droesbeke, 2010 UT 275, (Utah Court of Appeals, October 7, 2010).

Defendant was charged with sodomy of a child, aggravates sexual abuse of a child, and dealing harmful material to a minor.  At the bindover hearing, the eight-year-old victim gave completely conflicting testimony as to the underlying events of the charges.  The magistrate judge found probable cause to bindover the charges.  Because the testimony was so conflicting, Defendant moved to quash the bindover.  The district court affirmed the bindover and Defendant appealed.

The Court of Appeals affirmed finding that when credible testimony conflicts, the determination of which testimony is more credible is left with the jury; even when the credible testimony is from the same witness.

Full Decision available at http://www.utcourts.gov/opinions/appopin/Droesbeke100710.pdf