State v. Ferguson
2011 UT App 77
Utah Ct. App.2011Background
- Ferguson was convicted of aggravated sexual abuse of a child under Utah law; defense challenged admission of prior bad acts under rule 404(b).
- Trial was bifurcated: guilt phase before considerations of aggravating factors; State indicated it would not introduce prior convictions in the guilt phase.
- Police interview with Ferguson included admissions about fifty prior victims and prior convictions; the State sought to admit those portions under 404(b) (and 404(c) which was later deemed inapplicable).
- The trial court admitted the 404(b) evidence, sustaining use for knowledge and intent despite concluding 404(c) did not apply; the jury heard the full interrogation including references to prior abuses.
- Ferguson testified in his defense denying the current touching; corroborating witnesses described events consistent with the confession and the complainant’s account.
- On appeal, Ferguson challenged the 404(b) admission as improper; the court ultimately held the error harmless given the confessed admission and corroborating testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court failed to perform scrupulous 404(b) analysis | State argues proper analysis under 404(b) | Ferguson contends lack of scrupulous examination | Yes, exceeded discretion by not scrupulously examining 404(b) evidence |
| Whether the 404(b) error was harmless beyond a reasonable doubt | State relies on overwhelming evidence of guilt | Error could have affected the verdict | Harmless due to confession and corroborating testimony |
Key Cases Cited
- State v. Nelson-Waggoner, 6 P.3d 1120 (Utah Supreme Court, 2000) (scrupulous examination required for 404(b) analysis)
- State v. Decorso, 993 P.2d 837 (Utah Supreme Court, 1999) (framework for assessing 404(b) admissibility on three-prong test)
- State v. Reed, 8 P.3d 1025 (Utah Supreme Court, 2000) (recognizes limits on character-based propensity evidence in sex cases)
- State v. Doporto, 935 P.2d 484 (Utah Supreme Court, 1997) (early conditioning of 404(b) with additional safeguards (pre-amendment context))
- State v. Marchet, 219 P.3d 75 (Utah Court of Appeals, 2009) (illustrates careful 404(b) factor-based analysis (Shickles).)