State v. Bingham
348 P.3d 730
Utah Ct. App.2015Background
- Bingham was convicted after a bench trial of stalking, a class A misdemeanor, and sentenced to nine months in jail plus a $1,000 fine.
- The trial relied on three incidents of conduct toward Wife occurring from late May 2013 to early June 2013.
- First incident: Bingham texted Wife and threw her belongings into a kitchen pile after they separated; Wife feared for safety.
- Second incident: Bingham appeared at Wife’s workplace, refused to leave, followed her, and required security to escort her out.
- Third incident: Soon after signing a new lease, Wife saw Bingham near her apartment; she called 911 and security was involved.
- The trial court made specific credibility findings and concluded the conduct would cause a reasonable person to fear or suffer emotional distress.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of course-of-conduct evidence | Bingham’s acts formed a course of conduct toward Wife. | No two qualifying acts linked to a specific person were shown. | Evidence supported a course of conduct; conviction affirmed. |
| Denial of directed verdict | Sufficiency proven; directed verdict improper. | Motion to dismiss should have been granted for insufficiency. | Trial court correctly denied the motion to dismiss. |
| Findings on intent | Intent can be inferred from conduct under the statute. | Trial court failed to make explicit findings on intent. | Court implied findings; sufficient evidence supports intentional/knowing conduct. |
| Ineffective assistance of counsel | Counsel should have introduced dementia evidence to affect culpability. | Mayo dementia evidence would be insufficient to change outcome; no specified witness. | No deficient performance or prejudice shown; claim fails. |
Key Cases Cited
- Butters v. Herbert, 291 P.3d 826 (Utah Ct. App. 2012) (two or more acts needed for course of conduct)
- Ramirez v. State, 817 P.2d 774 (Utah 1991) (assumption of findings when facts unclear)
- Kihlstrom v. State, 988 P.2d 949 (Utah Ct. App. 1999) (intent may be inferred from conduct and circumstances)
- State v. Worwood, 164 P.3d 397 (Utah 2007) (adequate briefing and issues raised in opening brief)
- State v. Lafferty, 20 P.3d 342 (Utah 2001) (credibility determinations given deference on appeal)