P.G. v. State
343 P.3d 297
Utah Ct. App.2015Background
- In Sept. 2012, 17-year-old P.G. was arrested after his 5-year-old sister (M.G.) alleged sexual abuse; at the station P.G. received Miranda warnings and ultimately confessed that his finger accidentally penetrated M.G. while dressing her for school.
- P.G. moved to suppress his confession as coerced; juvenile court denied the motion and adjudicated him delinquent for aggravated sexual abuse of a child.
- At adjudication, M.G. recanted in-court and denied prior statements, but earlier she had told school staff, a counselor, and a detective that P.G. touched her and that bleeding occurred.
- The court allowed M.G. to testify from a child-witness room (video feed) after she became upset; P.G. did not object on necessity grounds but objected to who would be present in the room.
- P.G. argued on appeal: (1) his confession was involuntary/coerced; (2) admitting M.G.'s testimony via child-witness room violated confrontation rights absent a formal necessity finding; (3) evidence was insufficient to support the delinquency finding; (4) he preserved a Mauchley argument about confession trustworthiness.
Issues
| Issue | Plaintiff's Argument (P.G.) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Voluntariness of confession (motion to suppress) | Interrogation was custodial and coercive (aggressive tactics, absence of parents/attorney, juvenile status, confusion/fear) | Miranda warnings were given; interrogation ~40 min; detective persistent but not coercive; P.G. waived rights and gave details not suggested by officer | Denial of suppression affirmed — confession voluntary under totality of circumstances |
| Use of child-witness room / Confrontation Clause | Court erred by not making a formal necessity finding before allowing M.G. to testify remotely | No contemporaneous objection on necessity; rule permits (but does not require) certain people to be in room; any error was not preserved and, in any event, harmless because testimony was exculpatory | Claim not preserved; if error occurred it was harmless beyond a reasonable doubt |
| Sufficiency of evidence for aggravated sexual abuse | M.G.'s in-court recantation and alleged lack of corroboration make conviction unsupported | Court may credit P.G.'s confession plus multiple out-of-court statements by M.G., school employee, and others corroborating disclosure | Evidence sufficient when viewed in light most favorable to adjudication; delinquency affirmed |
| Mauchley / trustworthiness challenge to confession | Confession not corroborated/trustworthy under Mauchley standard | Mauchley governs admissibility/trustworthiness, not sufficiency; P.G. did not argue inadmissibility on that ground below | Issue not preserved for appeal; court declines to address merits |
Key Cases Cited
- Miranda v. Arizona, 384 U.S. 436 (establishes custodial interrogation warnings requirement)
- Coy v. Iowa, 487 U.S. 1012 (Confrontation Clause favors face-to-face confrontation)
- Maryland v. Craig, 497 U.S. 836 (state may use special procedures to protect child witnesses upon adequate showing of necessity)
- State v. Bybee, 1 P.3d 1087 (Utah 2000) (juvenile age and related factors in voluntariness analysis)
- State v. Hunt, 607 P.2d 297 (Utah 1980) (length and conditions of interrogation relevant to coercion analysis)
- State v. Montero, 191 P.3d 828 (Utah Ct. App. 2008) (police persistence and accusatory tactics do not automatically render confession involuntary)