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

Bind Over Under SYOA is as Simple as an Inference, and Premeditation Requires Only Some Reflection

Utah v. I.R.C. 2010 UT 41, (Utah Supreme Court, May 14, 2010).

I.R.C. was bound over for trial as an adult for aggravated robbery.  In order to bind a case over to the criminal court, the charges must be of those enumerated in statute, and prosecution must present sufficient evidence to support a reasonable belief that Defendant committed the crime.  The trial court found that there was sufficient evidence to believe that I.R.C. was aware that the robbery would be committed with a weapon.  A juvenile court may retain the case if the minor shows that he has not been previously adjudicated as delinquent, that he has a lesser degree of culpability than any co-defendants, and the minor’s role in the crime was not violent, aggressive, or premeditated.  In this case, the juvenile did not prove that he had not premeditated the crime.  I.R.C. knew about the crime and drove his friend to the scene of the crime.  Because there was a reasonable inference that I.R.C. knew about the weapon and because he failed to prove the retention factors, the Supreme Court Affirmed the juvenile court.

Dissent: Durham concludes that the friend’s statements did not give I.R.C. notice that gun was going to be used and the testimony does not support the reasonable inference that he knew, as such, the crime would not be aggravated robbery and thus, could not be bound over.

Full Decision available at  http://www.utcourts.gov/opinions/supopin/IRC051410.pdf

Believable Evidence of All Elements of the Crime is Required to Bind Over

State of Utah v. M.F., 2009 UT App. 398, (Utah Court of Appeals, December 31, 2009).

M.F. was bound over for charges of aggravated assault with intent to cause serious bodily injury.  This was based on the facts that the alleged victim suffered sufficient injuries to require several surgical screws and plates to reconstruct his face.  He also suffered damage to his orbital nerve, which resulted in the loss of sensitivity in areas of his face.  The trial court found this evidence was enough to meet the level of serious bodily injury.  Defendant appealed and argued that there was insufficient believable evidence of intent to cause serious injury.  The Court of Appeals Disagreed and found that the injuries were sufficient to substantiate the charge of serious bodily injury and the alleged statement by the defendant “he dropped me, so I dropped him,” was enough to substantiate Defendant’s intent.