State v. Nielsen
2012 UT App 2
Utah Ct. App.2012Background
- State v Nielsen, Utah Court of Appeals, interlocutory appeal from district court’s denial of motion to quash bindover on child abuse homicide and reckless endangerment charges.
- Prior Rule 404(b) motion sought admission of evidence of a previous co-sleeping death; magistrate allowed for preliminary hearing with a noncharacter purpose.
- During the preliminary hearing, Dr. Leis testified about the second infant’s death; defense objected to 404(b) evidence.
- District court denied Nielsen’s and Merrill’s motions to quash the bindovers.
- This opinion accompanies State v. Merrill and addresses Nielsen’s evidentiary challenges, mainly 404(b) issues, and affirms denial of the bindover.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 404(b) evidence was admissible for a proper noncharacter purpose | Nielsen contends evidence not for proper noncharacter purpose | State contends knowledge and risk show proper purpose | Yes; admissible for proper noncharacter purposes (knowledge and degree of risk) |
| Whether the evidence was relevant under Rules 401/402 | Nielsen argues not relevant to charged elements | State asserts relevance to knowledge of risk and risk degree | Yes; evidence is probative of knowledge and risk relevant to charges |
| Whether the probative value outweighed prejudicial effect under Rule 403 | Nielsen asserts undue prejudice; Shickles factors not satisfied | State argues probative value outweighs prejudice | No abuse of discretion; Shickles factors weigh in favor of admission |
Key Cases Cited
- State v. Burke, 256 P.3d 1102 (Utah 2011) (abuse of discretion standard for 404(b) rulings; appellate review of evidentiary decisions)
- State v. Kooyman, 112 P.3d 1252 (Utah App. 2005) (knowledge as proper 404(b) noncharacter purpose)
- State v. Doporto, 935 P.2d 484 (Utah 1997) (special relevance of 404(b) to material elements)
- State v. Ramirez, 924 P.2d 366 (Utah Ct. App. 1996) (knowledge as valid 404(b) noncharacter purpose)
- State v. O'Neil, 848 P.2d 694 (Utah Ct. App. 1993) (admissibility of prior acts to prove elements)
- Doporto, 935 P.2d 490 (Utah 1997) (special relevance and noncharacter purpose for 404(b))
- State v. Marchet, 219 P.3d 75 (Utah App. 2009) (Shickles balancing factors applied to 404(b))
- State v. Ferguson, 250 P.3d 89 (Utah App. 2011) (scrupulous examination requirement for 403/404(b))