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