State v. Bedell, 281 P.3d 271

Bedell, a physician, was convicted of sexual battery, a class A misdemeanor, after a trial on charges related to an alleged incident with the Complainant.
The State sought to admit 404(b) testimony of accusations by nine other women; the trial court excluded the 404(b) evidence as minimally probative and potentially prejudicial but left open the possibility of reconsideration if Bedell admitted a medical purpose.
During trial, the State cross- and redirect-examined the Detective about the other allegations and markers, and the bench conference on the 404(b) issue was unrecorded.
The trial court never revisited its exclusion ruling on the 404(b) evidence; the State’s examination referenced prior allegations, and Bedell did not object to the redirect testimony.
Bedell argued the statute of limitations barred the lesser included misdemeanor charge, but the court applied an exception allowing a lesser included offense when the greater offense remains within the statutory period.
The court ultimately held that the 404(b) evidence was admitted in error, constituting ineffective assistance of counsel and plain error, warranting reversal and remand for a new trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Statute of limitations and lesser-included offense	Bedell argues time bar precludes the lesser offense.	Bedell asserts the limited exception permits the lesser charge despite the two-year LIM.	Limitation exception allowed the lesser offense charge.
Admission of 404(b) evidence	Bedell contends 404(b) evidence was improperly admitted and prejudicial.	Bedell contends the court did not reverse its ruling; ineffective assistance and plain error due to admission.	Admission of 404(b) evidence was error and prejudicial; requires new trial.

State v. Dunn, 850 P.2d 1201 (Utah 1993) (plain error standard requires obvious and harmful error)
State v. Litherland, 12 P.3d 92 (Utah 2000) (ineffective assistance standard; Strickland framework)
IHC Health Servs., Inc. v. D & K Mgmt., Inc., 196 P.3d 588 (Utah 2008) (law of the case doctrine governs reconsideration of rulings)
State v. McClellan, 216 P.3d 956 (Utah 2009) (record adequacy and conflicts of interest in ineffective assistance context)
State v. Wagenman, 71 P.3d 184 (Utah App. 2003) (adequacy of record regarding speedy trial determinations)
State v. Cram, 46 P.3d 230 (Utah 2002) (preservation rule and exceptions for plain error/ineffective assistance)
State v. Dunn, 850 P.2d 1201 (Utah 1993) (plain error standard described)