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American Fork City v. Thayne
279 P.3d 840
Utah Ct. App.
2012
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Background

  • After a minor traffic accident at a stop light, Jessica and her mother Susan Thayne were involved while both vehicles were stopped.
  • The other driver, the investigating officer, and both Thaynes testified at a bench trial; 911 calls by Jessica and the other driver were admitted into evidence.
  • The other driver testified that Jessica and Susan approached, yelled expletives, and frightened her; Jessica denied approaching or speaking to the driver.
  • The district court found Jessica not credible and inconsistent with other evidence, credited the other driver, and rejected a claim that the 911 recording had been tampered with.
  • The district court credited the other driver’s testimony and found neither Thayne credible; the court concluded disorderly conduct and imposed an infraction; the appellate court deferred to credibility findings and affirmed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the evidence supports the disorderly conduct conviction Thayne argues credibility issues undermine the verdict American Fork contends the other driver’s testimony and 911 recordings are credible and sufficient Yes, the conviction affirmed

Key Cases Cited

  • State v. Larsen, 999 P.2d 1252 (Utah 2000) (deference to trial court credibility)
  • State v. Goodman, 763 P.2d 786 (Utah 1988) (trial court credibility determinations respected)
  • State v. Nichols, 76 P.3d 1173 (Utah 2003) (defers to trial court credibility findings)
  • State v. Davie, 264 P.3d 770 (Utah App. 2011) (memorable decision; credibility review guidance)
Read the full case

Case Details

Case Name: American Fork City v. Thayne
Court Name: Court of Appeals of Utah
Date Published: May 3, 2012
Citation: 279 P.3d 840
Docket Number: 20120095-CA
Court Abbreviation: Utah Ct. App.