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365 P.3d 1212
Utah
2016
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Background

  • On March 7, 2011, Kamas Police Chief Adam Jones (one of two officers in town) received a personal cellphone call from D.M., his brother Travis’s girlfriend, asking him to "come over and talk or take care of [Travis]."
  • Jones, on duty and in uniform, drove his police car to Travis’s house, spent ~15–20 minutes there, observed alcohol and minor injuries/allegations, told Travis to go to bed, and offered to contact the Summit County Sheriff (D.M. declined).
  • Jones did not file a report or provide statutorily required written notice to the alleged victim under the Cohabitant Abuse Procedures Act; later that evening the sheriff responded, arrested Travis, and discovered Jones had been at the house earlier.
  • The State charged Jones with official misconduct (Utah Code § 76-8-201) for knowingly refraining from duties imposed by the Cohabitant Abuse Procedures Act, and with witness tampering (Utah Code § 76-8-508(1)) for allegedly inducing false testimony by telling Travis and a jailer that Travis had been asleep when Jones was there.
  • At the preliminary hearing the magistrate declined bindover; the Utah Court of Appeals affirmed, reasoning the initial call was personal and there was insufficient evidence of belief that an investigation was imminent; the Utah Supreme Court granted certiorari and reversed, holding the State met the low probable-cause/bindover standard.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether evidence supported bindover for official misconduct for failing to perform duties after responding to a domestic violence allegation Jones responded (or, after arrival became responsible) as an officer to an allegation of domestic violence and knowingly refrained from statutory duties to benefit himself/brother Jones responded solely as a family member on a personal call, repeatedly offered to summon sheriff, and therefore statutory duties were not triggered Reversed: viewing evidence in light most favorable to prosecution, sufficient probable cause existed to bind over for official misconduct
Whether evidence supported bindover for witness tampering for statements after arrest Jones, believing an investigation was likely, sought to induce testimony that Travis had been asleep to prevent an investigation Jones was merely checking on his brother; his statements were innocent and there was no evidence he believed an investigation was imminent Reversed: sufficient evidence for a reasonable officer to conclude Jones believed investigation was imminent and attempted to induce false testimony; bindover proper

Key Cases Cited

  • State v. Clark, 20 P.3d 300 (Utah 2001) (preliminary hearing burden: prosecution must present sufficient evidence to support a reasonable belief offense was committed)
  • State v. Virgin, 137 P.3d 787 (Utah 2006) (purpose of preliminary hearing is to protect against groundless prosecutions)
  • State v. Schmidt, 356 P.3d 1204 (Utah 2015) (bindover standard requires probable cause; magistrate must not weigh evidence for most reasonable inference)
  • State v. Maughan, 305 P.3d 1058 (Utah 2013) (appellate review de novo but bindover decisions entitled to limited deference)
  • State v. Ramirez, 289 P.3d 444 (Utah 2012) (probable-cause standard at preliminary hearing same as for arrest warrant)
  • State v. Robbins, 210 P.3d 288 (Utah 2009) (conviction may rest on uncorroborated victim testimony)
Read the full case

Case Details

Case Name: State v. Jones
Court Name: Utah Supreme Court
Date Published: Jan 11, 2016
Citations: 365 P.3d 1212; 2016 UT 4; 804 Utah Adv. Rep. 15; 2016 WL 123139; 2016 Utah LEXIS 4; Case No. 20140753
Docket Number: Case No. 20140753
Court Abbreviation: Utah
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