State v. King
2010 UT App 396
| Utah Ct. App. | 2010Background
- Gordon R. King was charged with aggravated sexual abuse of a child; the case proceeded to trial.
- The jury convicted on the lesser-included offense of sexual abuse of a child (second degree), which the court then reduced to third-degree felony attempted sexual abuse of a child.
- King’s prior appellate history includes multiple reversals and remands by this court and several remands by the Utah Supreme Court.
- On remand, the trial court reconstructed the jury instructions after the original record was lost, determining a twenty-six-instruction set reflected what was given.
- The Utah Supreme Court again remanded to address remaining appellate issues, and the panel ultimately reversed King’s conviction under the cumulative error doctrine and remanded for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial misconduct in closing remarks | King | King | Plain error not shown; but cumulative error warrants reversal |
| Admission/ exclusion of victim statements and credibility bolstering | State | King | Cumulative error supports reversal; some issues harmless separately |
| Admissibility of the preliminary hearing transcript | State | King | No reversible error; strategy within wide range of counsel discretion |
| Inaccuracies in the presentence report | State | King | Waived; lack of challenged PSI findings on record |
Key Cases Cited
- State v. Kohl, 2000 UT 35, 999 P.2d 7 (Utah 2000) (prosecutorial misconduct standard; abuse of discretion; prejudice)
- State v. Colwell, 2000 UT 8, 994 P.2d 177 (Utah 2000) (harmful error analysis; admissibility of improper statements)
- State v. Dunn, 850 P.2d 1201 (Utah 1993) (Utah 1993) (plain error harmlessness and cumulative error framework)
- State v. Chacon, 962 P.2d 48 (Utah 1998) (Utah 1998) (ineffective assistance and prejudice standards)
- State v. Veteto, 2000 UT 62, 6 P.3d 1133 (Utah 2000) (PSI inaccuracies; on-the-record resolution required)
- State v. Iorg, 801 P.2d 938 (Utah Ct. App. 1990) (Utah Ct. App. 1990) (harmlessness analysis for bolstering of credibility)
- State v. Menzies, 845 P.2d 220 (Utah 1992) (Utah 1992) (reconstruction of records; prejudice requirements)