555 P.3d 367
Utah Ct. App.2024Background
- Kenneth Bowdrey was surveilled by police and observed exchanging cash and a white substance with another individual (Seller) and buyers in a parking lot known for drug activity.
- Police observed Bowdrey take money from buyers, give it to Seller, then deliver what appeared to be cocaine to the buyers; one buyer's vehicle contained cocaine after a stop.
- Bowdrey was arrested, but no drugs or cash were found on him; Seller was found with cash and baggies of cocaine.
- Bowdrey was charged with arranging to distribute a controlled substance; at trial, a police sergeant testified as both a fact and expert witness about drug distribution operations.
- The State gave late notice (10 days before trial) that the sergeant would testify as an expert; Bowdrey moved to exclude this testimony, arguing late notice and undue prejudice.
- The jury convicted Bowdrey; he appealed, arguing errors in admitting expert testimony, denial of a continuance, and insufficient evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of expert testimony | Testimony bolstered fact testimony and addressed ultimate issue. | Testimony based on experience was proper and reliable. | Admitting testimony was not an abuse of discretion. |
| Late expert notice/continuance | Late notice violated statutory requirements; should have continued. | Had fair notice from prior proceedings. | No abuse of discretion not to grant unrequested continuance. |
| Sufficiency of the evidence | Only circumstantial/speculative evidence tied Bowdrey to the crime. | Evidence of conduct and physical evidence was ample. | Evidence was sufficient; no error in submitting to jury. |
Key Cases Cited
- State v. Lopez, 417 P.3d 116 (Utah 2018) (standard for admission of expert testimony)
- State v. Moore, 349 P.3d 797 (Utah Ct. App. 2015) (limits on expert testimony on ultimate issues)
- Eskelson ex rel. Eskelson v. Davis Hosp. & Med. Ctr., 242 P.3d 762 (Utah 2010) (expert experience as basis for reliability determination)
- State v. Holgate, 10 P.3d 346 (Utah 2000) (plain error standard for sufficiency of the evidence)
- State v. Harvey, 446 P.3d 125 (Utah Ct. App. 2019) (foundation for law enforcement expert testimony)