State v. Mills
293 P.3d 1129
Utah Ct. App.2012Background
- Mills was convicted in Utah for three unlawful sexual conduct counts with a sixteen or seventeen year old, one count of enticing a minor, five counts of sexual exploitation of a minor, and one count of rape; the Utah Court of Appeals affirmed.
- Mills met C.D., a sixteen-year-old, in Duchesne County in early 2009 while Mills was on Army leave.
- Mills and C.D. texted and had sex on multiple occasions; Mills sought nude images from C.D. who eventually sent five topless pictures.
- The relationship deteriorated; after a confrontation Mills stayed the night and allegedly forced sex; C.D. later deleted a folder containing the nude images.
- In April 2010, C.D. reported Mills; Detective Butterfield interviewed Mills by phone; Mills admitted consensual sex during the interview.
- Prior to trial, the State disclosed two expert witnesses; the trial date was moved, and Mills waived Rule 16 discovery issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Miranda suppression of Butterfield interview | Mills argues custodial interrogation required warnings | Mills contends he was in custody for Miranda purposes | No custody; Miranda warnings not required |
| Sixth Amendment right to counsel | Mills asserts right attached at charge and was not waived | State contends issue not preserved for appeal | Issue unpreserved; not addressed on appeal |
| Expert witnesses disclosure | Late notice violated Rule 16 and prejudiced defense | State eventually disclosed and trial proceeded; no prejudice shown | Waived; no Rule 16 violation based on late notice; convictions affirmed |
| Criminal jurisdiction over sexual exploitation counts | Utah lacked jurisdiction for counts based on images possibly created outside Utah | C.D. testified at trial about images deleted in Utah; jurisdiction valid | Utah had jurisdiction over all five counts; convictions affirmed |
| Sufficiency of evidence for sexual exploitation | Pictures were not produced; cannot prove elements | CD testified to contents and context; sufficient evidence | Evidence sufficient; five images proven to be child pornography |
Key Cases Cited
- State v. Butt, 2012 UT 34 (Utah 2012) (custody determinations; Miranda applicability)
- State v. Maestas, 2012 UT App 53 (Utah App. 2012) (custody factors; objective indicia of arrest)
- Salt Lake City v. Carner, 664 P.2d 1168 (Utah 1983) (Miranda custody factors; objective indicators of arrest)
- State v. Holm, 2006 UT 31 (Utah 2006) (jurisdiction and review of jurisdictional challenges)
- State v. Hirschi, 2007 UT App 255 (Utah App. 2007) (sufficiency of evidence standard; appellate review of verdicts)