State v. Isom
354 P.3d 791
Utah Ct. App.2015Background
- Victim: a five-year-old girl who stayed with her mother and defendant Jace Isom on weekends; she later disclosed multiple sexual assaults by Isom.
- Extrajudicial admissions: Isom told a friend he and the child’s mother had been abusing the child and showed sexual images; the friend later reported this leading to investigation.
- Forensic interview: The child gave a detailed recorded interview at the Children’s Justice Center describing the abuse; at trial she had difficulty testifying and repeatedly said "I forgot."
- Trial procedures used to accommodate the child: the court placed a rolling whiteboard between Isom and the child, then allowed CCTV testimony with the child in an interview room accompanied by the father’s girlfriend.
- Convictions and appeal: Isom was convicted of two counts of aggravated sexual abuse of a child and one count of rape of a child and appealed raising seven errors including arraignment, sufficiency, prosecutorial misconduct, confrontation, leading questions, 404(b) evidence, and cumulative error.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Isom) | Held |
|---|---|---|---|
| 1. Failure to arraign | Preservation required; no relief because claim not raised below | No arraignment; due process violated (never read indictment or entered plea) | Not preserved; exceptional-circumstances doctrine not invoked properly; claim declined |
| 2. Sufficiency of evidence | Evidence (CJC interview, friend’s hearsay admission, testimony) identified Isom; preserved issues insufficient | Child didn’t identify Isom at trial; evidence insufficient to prove identity | Not preserved on this ground; alternative evidence (CJC interview, friend’s admission) supported conviction |
| 3. Prosecutor appealed to jurors’ sympathies in closing | Closing urged jurors to assess the child’s credibility given her age; comported with acceptable argument | Prosecutor asked jurors to "walk in her shoes"—plain error; counsel ineffective for not objecting | No plain error; remarks aimed at assessing witness credibility and were not obviously improper; counsel’s failure to object was not deficient |
| 4. Confrontation / courtroom accommodations (whiteboard & CCTV) | State contends accommodations were to elicit testimony and any error harmless beyond a reasonable doubt | Whiteboard and CCTV (and presence of father’s girlfriend) violated Confrontation Clause and rule 15.5(b) | Any whiteboard error harmless beyond a reasonable doubt; rule 15.5(b) claims not preserved on appeal so not reached |
| 5. Leading questions on direct | Given the child’s age and reluctance, leading questions were permissible to develop testimony | Excessive, suggestive leading questions created testimony and error | No abuse of discretion; most key answers were given to nonleading questions |
| 6. Admission of other-acts/character evidence (friend’s testimony about drugs, threesomes, bestiality) | Evidence was admissible or defense strategy appropriately used to impeach the friend; 404(b) inapplicable to some statements | Admission of inflammatory other-acts violated Rule 404(b); trial counsel ineffective for not objecting | Trial counsel’s strategic choice not to object was reasonable; no plain error by court |
| 7. Cumulative error | Not applicable | Combined errors require reversal | No reversible cumulative error; convictions affirmed |
Key Cases Cited
- Maryland v. Craig, 497 U.S. 836 (1990) (state may use procedures limiting face-to-face confrontation of child witnesses if necessity shown)
- Crawford v. Washington, 541 U.S. 36 (2004) (Confrontation Clause protects testimonial statements from witnesses absent opportunity for cross-examination)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-part standard for ineffective assistance of counsel)
- State v. Dunn, 850 P.2d 1201 (Utah 1993) (plain-error and cumulative-error standards)
- State v. Kallin, 877 P.2d 138 (Utah 1994) (leading questions may be necessary to develop testimony of child victims; trial court should tightly control use)
- State v. Campos, 309 P.3d 1160 (Utah Ct. App. 2013) (improper appeals to jury passion or sympathy may constitute prosecutorial misconduct)