285 P.3d 809
Utah Ct. App.2012Background
- Moore, convicted of sexual abuse of an eight-year-old girl (Child) in Third District, Salt Lake, in a memorandum decision (Aug. 16, 2012).
- Conviction based on alleged touching of Child’s vagina under her underwear while visiting Moore.
- Child reported the incident to Sister the night of the visit; Sister told Detective Artis; Mother’s recall of timing differed.
- State sought admission of Child’s statements to Sister and Mother as out-of-court statements; Moore did not object.
- Trial relied on live testimony from Child, Sister, and Mother; defense theory alleged fabrication by Mother in retaliation for moved residence.
- Issues concern admissibility of hearsay, ineffective assistance, and sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of out-of-court statements was plain error | State contends no plain error; reliability not clearly improper | Moore argues trial court failed to assess reliability of child statements | No plain error; invited error; admission upheld |
| Ineffective assistance for not objecting to statements | State disputes need for objection given strategy and evidence | Moore contends counsel’s failure prejudiced outcome | Counsel's strategy was reasonable; no prejudice shown |
| Sufficiency of evidence to prove touching of genitals | State asserts sufficient evidence from Child’s testimony | Moore challenges credibility and consistency of location and understanding | Sufficient evidence; jury could find the elements beyond reasonable doubt |
Key Cases Cited
- State v. Maestas, 272 P.3d 769 (Utah Ct. App. 2012) (ineffective assistance; standard for prejudice and deference to trial strategy)
- State v. Casey, 82 P.3d 1106 (Utah 2003) (plain error review requires obvious error and prejudice)
- State v. Matsamas, 808 P.2d 1048 (Utah 1991) (reliability and special considerations for child witnesses)
- State v. Bujan, 190 P.3d 1255 (Utah 2008) (prior consistent statements admissibility under 801(d)(1)(B))
- Tome v. United States, 513 U.S. 150 (U.S. 1995) (limit on use of prior consistent statements to pre-existing fabrication)