State v. Patterson
294 P.3d 662
Utah Ct. App.2013Background
- Patterson was convicted of two counts of aggravated sexual abuse of a child and two counts of lewdness involving a child.
- Convictions arose from a ten-month period beginning February 2008 involving abuse of his step-daughter (Child).
- Mother confronted Patterson and Child; Patterson denied; Mother questioned whether to move or forget the allegations.
- Patterson admitted molesting Child in December 2008; Mother filed for divorce; Bishop was consulted for help.
- A psychosexual evaluation referenced Bishop; prosecution learned of Bishop’s communications; Patterson chose not to testify.
- Defense theory claimed Child’s accusations were fabricated by a vindictive Mother; evidence was used to support this theory.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Clergy-penitent privilege and ineffective assistance | Patterson argues counsel failed to advise privilege and defense was prejudiced. | Waiver occurred via disclosure; privilege not preserved; counsel not ineffective. | Privilege waived; no ineffective assistance. |
| Ineffective assistance re 404 evidence and detective testimony | Counsel failed to object to character evidence and testimony improperly prejudicing Child. | Evidence aligned with defense strategy; objections would be unfounded. | Not ineffective; strategy supported. |
| Plain error for character and detective testimony | Admission of character and truthfulness testimony impaired fairness. | Waived; trial strategy relied on such testimony. | Plain error review declined; waiver. |
Key Cases Cited
- State v. Bredehoft, 966 P.2d 285 (Utah Ct. App. 1998) (defers to trial court on factual findings in ineffective assistance review)
- Smith v. Fairfax Realty, Inc., 82 P.3d 1064 (Utah 2003) (recites standard for appellate review after Rule 23B remand)
- State v. Ott, 247 P.3d 344 (Utah 2010) (ineffective-assistance framework; preservation rules)
- State v. Dunn, 850 P.2d 1201 (Utah 1993) (adequacy presumption for trial counsel; strategy defense)
- State v. Bullock, 791 P.2d 155 (Utah 1989) (invited error doctrine and waiver considerations)