State v. Kamrowski
2015 UT App 75
Utah Ct. App.2015Background
- Kamrowski was charged with two counts of aggravated sexual abuse of a child based on acts at his home during a visit by the victim.
- The victim’s stepmother observed the victim as quiet and off, and the victim scratched Kamrowski’s photo; the victim later described the abuse to a detective.
- Kamrowski denied touching the victim; the State presented testimony from the victim and family members about the abuse.
- Kamrowski testified in his defense; he also called witnesses to testify to his character for truthfulness, including his wife.
- Wife testified she believed Kamrowski was honest, but the State impeached her credibility by eliciting a letter she wrote acknowledging the victim’s statements.
- Kamrowski moved for a new trial arguing plain error in admitting Wife’s testimony; the trial court denied the motion and the jury convicted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admission of Wife’s testimony was plain error | Kamrowski argues Rule 608 violation and obvious error. | State contends Kamrowski opened the door to impeachment, justifying the testimony. | Not plain error; door opened, and no prejudice shown. |
| Sufficiency of evidence to support conviction | Victim's testimony is sufficient evidence on its own to prove the crimes. | Victim’s testimony contains inconsistencies requiring corroboration. | Evidence was sufficient; no material inherent improbability undermining credibility. |
Key Cases Cited
- State v. Dunn, 850 P.2d 1201 (Utah 1993) (standard for plain-error review in a new-trial context)
- State v. Allen, 108 P.3d 730 (Utah 2005) (review of legal determinations on motion for new trial)
- State v. Reed, 820 P.2d 479 (Utah Ct. App. 1991) (impeachment admissibility when credibility is at issue)
- State v. Harper, 136 P.3d 1261 (Utah App. 2006) (door-opening rule for impeachment of credibility)
- State v. Robbins, 210 P.3d 288 (Utah 2009) (un/corroborated victim testimony as sufficient for conviction; review of inherent improbability)
- State v. Pinder, 114 P.3d 551 (Utah 2005) (standard for reviewing denial of a motion for a new trial)