Brown v. State
308 P.3d 486
Utah2013Background
- 1995 Debra Brown convicted of Lael Brown’s murder; 2009 Brown petitioned for PCRA relief and for factual innocence under Part 4; evidentiary hearings held in 2011; post-conviction court held that factual innocence could be based on a mix of newly discovered and previously available evidence; court found by clear and convincing evidence that Lael was alive on Saturday afternoon and Brown’s whereabouts were firmly established, vacating the conviction; State appealed and the Utah Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May factual innocence be based on both new and old evidence? | Brown argues the statute permits mixing new and existing evidence. | State argues new evidence must be pivotal/transformative and alone should drive the result. | Yes, can base on both new and old evidence. |
| Did Brown prove factual innocence by clear and convincing evidence? | Brown contends the new and old evidence, including credibility findings, satisfy clear and convincing standard. | State contends the evidence fails to establish innocence beyond a reasonable doubt. | Court held Brown established factual innocence by clear and convincing evidence. |
| Was the State properly constrained by its concession on factual findings? | Brown contends the State conceded the factual findings and deserved deference. | State argues it did not concede the key hybrid findings and preserved merits; the majority misreads the concession. | Court treated the concession as not undermining the merits review; affirmed factual innocence ruling. |
Key Cases Cited
- State v. Levin, 2006 UT 50 (Utah 2006) (two-stage PCRA framework for factual innocence; all evidence considered at hearing and on review)
- State v. Walker, 743 P.2d 191 (Utah 1987) (context for factual innocence and evidence considerations)
- Olsen v. Eagle Mountain City, 2011 UT 10 (Utah 2011) (court defers to credibility determinations on appeal)
- Anderson v. Bell, 2010 UT 47 (Utah 2010) (standard of review and evidentiary considerations in post-conviction relief)
- Carranza v. United States, 2011 UT 80 (Utah 2011) (statutory interpretation of PCRA sections 402 and 404; evidence considered)