State v. Davie
2011 UT App 380
| Utah Ct. App. | 2011Background
- Davie was convicted in Utah of witness tampering (3rd degree felony) and assault (Class A misdemeanor) and sentenced to concurrent terms with probation and jail time.
- The witness tampering arose from Davie allegedly urging Jennifer to recant her statement about a fight involving Davie's son Jeremiah and Jeremiah's wife Jennifer.
- Jennifer testified Davie asked her to be imaginative and suggested she could alter her statements to avoid Jeremiah going to prison, including hypotheticals about self-harm.
- Davie denied prompting Jennifer to recant and testified she only suggested Jennifer consider bail options and that Jennifer could recant if her original statement was not true.
- For the assault, Jennifer and Jeremiah described a violent October 2008 incident; Davie claimed she did not beat Jennifer and argued Jeremiah was responsible or that testimony was not credible.
- On appeal Davie asserted the witness tampering statute was overbroad/vague, the assault conviction was not supported by sufficient evidence, and the sentence was cruel and unusual.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Witness tampering statute validity | Davie contends overbreadth/vagueness invalidates the statute. | State argues the issue is not preserved and inadequately briefed. | Issue not reached; unpreserved and inadequately briefed. |
| Sufficiency of evidence for assault | Davie argues Jennifer's credibility undermines the assault conviction. | State argues court properly weighed credibility and evidence supports guilt beyond a reasonable doubt. | Evidence is sufficient; sustained the assault conviction. |
| Constitutional challenge to sentence | Davie claims cruel/unusual punishment and problematic probation conditions. | State argues the issue is unpreserved and inadequately briefed. | Issue not reached; unpreserved and inadequately briefed. |
Key Cases Cited
- State v. Holgate, 2000 UT 74 (Utah) (preservation requirement for issues on appeal)
- State v. Worwood, 2007 UT 47 (Utah) (preservation and briefing standards for appellate review)
- State v. Carlsen, 638 P.2d 512 (Utah) (upheld vagueness challenge to word 'induce' in witness tampering)
- State v. Hansen, 2002 UT 114 (Utah) (timely presentation required for appellate review)
- State v. Sloan, 2003 UT App 170 (Utah) (adequacy of brief and failure to cite authority undermines argument)
- State v. Bryant, 1998 UT App 199 (Utah) (briefing deficiencies lead to dismissal of advanced arguments)
- State v. Garner, 2002 UT App 234 (Utah) (illustrates inadequately briefed arguments)