State v. Bujan

2008 UT 47, 190 P.3d 1255, 608 Utah Adv. Rep. 35, 2008 Utah LEXIS 102, 2008 WL 2776682
CourtUtah Supreme Court
DecidedJuly 18, 2008
Docket20060883
StatusPublished
Cited by15 cases

This text of 2008 UT 47 (State v. Bujan) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Bujan, 2008 UT 47, 190 P.3d 1255, 608 Utah Adv. Rep. 35, 2008 Utah LEXIS 102, 2008 WL 2776682 (Utah 2008).

Opinion

DURHAM, Chief Justice:

INTRODUCTION

T1 We accepted this case to determine whether the court of appeals correctly construed the seope of rule 801(d)(1)(B) of the Utah Rules of Evidence and whether the court of appeals correctly applied the rule to pretrial statements admitted at the defendant's trial. We find that the court of appeals correctly applied the rule to this case, but clarify its construction of the seope of the rule. Rule 801(d)(1)(B) permits consistent, out-of-court statements to be admitted as nonhearsay if offered to rebut a charge of recent fabrication, improper influence, or motive only if such statements were made prior to the time a motive to fabricate arose.

FACTS

T2 The opinion of the court of appeals contains a thorough factual history, which we will not repeat here. See State v. Bujan, 2006 UT App 322, ¶¶ 2-13, 142 P.3d 581. In summary, KB., daughter of Tina Binkerd and defendant Phillip Bujan, alleged that Bujan raped her in late. 2001. At trial, the defense called into question K.B.'s credibility as a witness. During cross-examination of K.B., the defense identified several alleged inconsistencies between K.B.'s testimony at trial and certain statements she made in an April 2003 interview with Detective Daphne Oberg of the Salt Lake County Sheriff's Office. The defense alleged that K.B. fabricated the rape incident because she was angry at Bujan following a disciplinary incident that occurred in late 2001 and following an announcement by Bujan, also in late 2001, that he planned to reunite with a former spouse. 1

13 At trial, following testimony by KB. and Binkerd, the State indicated that it had three additional witnesses it wished to have testify, including Detective Oberg. The defense questioned whether it was appropriate for Detective Oberg to testify, suggesting that her testimony "would be hearsay to the extent she's putting on a prior inconsistent statement." The State replied that it "would like to have her testify to prior consistent statements." - The trial court responded, "We'll see. That's fine. All right." After discussing an additional, unrelated procedural matter, the trial court recessed.

{4 The record contains no additional discussion regarding whether or why Detective Oberg would testify before the State called her to the stand. Shortly into questioning by the State, defense counsel objected to the following question: "Let's talk about [the April 2003] interview with [K.B.]. What did you talk to [K.B.] about in the beginning?" Defense counsel said,

Judge, I'm going to object. I'm not sure that-this is probably going to be duplica-tive to the extent that she is going to be asked to restate [K.B.'s] statements to her, would be hearsay. So unless there's some foundation as to the necessity of this testimony, I'd ask the court to exclude it.

15 The trial judge responded, "The question - doesn't - necessarily-this - particular question doesn't necessarily involve a hearsay issue, but the hearsay rule does apply." Following the trial judge's comment, counsel for the State indicated why it believed Detective Oberg's testimony was admissible as follows:

I'd be arguing wunder Rule 801 this is a prior consistent statement that-[K.B.] has testified here today, and I believe the defense is trying to somehow discredit what she has said or attack whatever she has *1257 said, and Detective Oberg is here to show that there are consistent statements with the disclosure and with the rape.

(Emphasis added.) The trial court then allowed the State to continue questioning Detective Oberg. Defense counsel objected five additional times during Detective Oberg's testimony; two objections questioned the relevance of the testimony being elicited, and the other three objections suggested that the elicited testimony called for hearsay. Only one hearsay objection, regarding whether K.B.'s brother told Detective Oberg that K.B.'s behavior had changed, was sustained. 2 The State provided no foundational basis, other than its initial reference to rule 801, for the admission of Detective Oberg's testimony.

1 6 The jury found Bujan guilty of rape of a child and aggravated sexual abuse of a child. Bujan appealed the result to the Utah Court of Appeals on two grounds. First, Bujan argued that it was an abuse of discretion for the trial judge to admit Detective Oberg's hearsay testimony pursuant to rule 80l(d)(1)(B). - Bujan argued that rule 801(d)(1)(B) only allows admission of prior consistent statements made before a motive to fabricate arises and that K.B.'s statements to Detective Oberg were made after a motive (arising from either the disciplinary incident or Bujan's announcement that he was reuniting with a former spouse) to fabricate the rape arose. Second, Bujan argued that the admission of Detective Oberg's hearsay testimony resulted in prejudice. The court of appeals agreed with Bujan on both grounds, and, therefore, reversed and remanded the case for further proceedings. Bujan, 2006 UT App 822, ¶¶29, 833, 142 P.3d 581. We granted certiorari regarding the seope of admissibility of pretrial statements under rule 801(d)(1)(B).

STANDARD OF REVIEW

17 "On certiorari, we review the court of appeals' decision for correctness, giving its conclusions of law no deference." State v. Casey, 2003 UT 33, ¶ 10, 82 P.3d 1106.

ANALYSIS

T8 The United States Supreme Court interpreted the seope of Federal Rule of Evidence 801(d)(1)(B), to which our rule is analogous, in Tome v. United States, 513 U.S. 150, 115 S.Ct. 696, 130 LEd.2d 574 (1995). In that case, the defendant was charged with sexually abusing his daughter. Pursuant to rule 801(d)(1)(B), the trial court admitted certain out-of-court consistent statements made after an alleged motive to fabricate arose. The defendant appealed the admission of the statements, the U.S. Court of Appeals for the Tenth Circuit affirmed, and the defendant appealed that decision to the United States Supreme Court on writ of certiorari. The Supreme Court reversed, holding that rule 801(d)(1)(B) "permits the introduction of a declarant's consistent out-of-court statements to rebut a charge of recent fabrication or improper influence or motive only when those statements were made before the charged recent fabrication or improper influence or motive." Tome, 513 U.S. at 167, 115 S.Ct. 696. The Tome analysis and rule interpretation is directly on point in this case, and we agree with it. At trial, the State used Utah's rule 801(d)(1)(B) as its only foundation for the admission of Detective Oberg's testimony - regarding K.B.'s consistent, out-of-court statements. K.B.'s interview with Detective Oberg, however, occurred after the alleged motive for K.B. to fabricate the rape allegation arose. Therefore, K.B.'s consistent statements were not made prior to the time the alleged motive to fabricate arose, as is required for admission under rule 801(d)(1)(B).

1 9 We recognize that there are rules that permit admission of consistent, out-of-court statements made after a motive to fabricate arises.

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Cite This Page — Counsel Stack

Bluebook (online)
2008 UT 47, 190 P.3d 1255, 608 Utah Adv. Rep. 35, 2008 Utah LEXIS 102, 2008 WL 2776682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bujan-utah-2008.