State v. Lowther
2017 UT 55
| Utah | 2017Background
- John Marcus Lowther was charged with rapes/object rape of four women (K.S., A.P., C.H., C.R.); DNA linked Lowther to K.S.
- The State sought to admit testimony of the other three women under Utah R. Evid. 404(b) and the doctrine of chances to prove lack of consent/mens rea for the K.S. charge.
- The district court admitted A.P., C.H., and C.R. after an evidentiary hearing, applying the Shickles factors to perform a Rule 403 balancing test.
- Lowther entered a conditional guilty plea reserving the right to appeal the 404(b)/403 ruling; the court of appeals reversed admission of A.P. under its reading of Verde and remanded regarding C.H. and C.R.
- The Utah Supreme Court granted certiorari to resolve whether Verde’s four foundational requirements (materiality, similarity, independence, frequency) must be applied in Rule 403 analyses of doctrine-of-chances evidence.
Issues
| Issue | State's Argument | Lowther's Argument | Held |
|---|---|---|---|
| Is the doctrine of chances limited to rebutting fabrication? | Doctrine is broader; it can rebut mistake, coincidence, lack of intent and prove lack of consent/mens rea. | Limited to fabrication claims; application here is premature. | Not limited to fabrication; applicable here because consent and mens rea were in bona fide dispute. |
| Do Verde’s four foundational requirements displace other Rule 403 considerations? | Verde informs 404(b) admissibility but does not displace Rule 403; Rule 403 is governed by its text and courts may consider any relevant factors. | Verde’s requirements should control the Rule 403 probative-value inquiry. | Verde’s requirements do not displace Rule 403; courts bind to Rule 403’s text and may consider Verde factors but need not be limited to them. |
| Did the district court err by applying Shickles mechanically for Rule 403? | Shickles factors may be relevant but must not be applied mechanically in lieu of Rule 403’s text. | District court properly applied Shickles to weigh prejudice and probative value. | District court abused discretion by rigidly applying Shickles rather than the Rule 403 text; remand for fresh Rule 403 balancing. |
| Remedy after erroneous admission? | N/A (State appealed) | Lowther sought reversal and withdrawal of plea. | Lowther prevailed and is entitled to withdraw his conditional guilty plea; district court must reconsider admissibility under Rule 403. |
Key Cases Cited
- State v. Verde, 296 P.3d 673 (Utah 2012) (adopts doctrine of chances with four foundational requirements for 404(b) statistical-inference use)
- State v. Shickles, 760 P.2d 291 (Utah 1988) (articulated multi-factor test courts have used when weighing 404(b) evidence under Rule 403)
- State v. Lucero, 328 P.3d 841 (Utah 2014) (clarifies that courts must follow Rule 403’s text and should not mechanically apply Shickles factors)
- State v. Cuttler, 367 P.3d 981 (Utah 2015) (disavows use of ‘‘overmastering hostility’’ and reiterates Rule 403 textual focus)
- State v. Allen, 108 P.3d 730 (Utah 2005) (discusses Rule 403 standard and unfair prejudice balancing)