State v. Cuttler

2015 UT 95, 367 P.3d 981, 802 Utah Adv. Rep. 20, 2015 Utah LEXIS 297, 2015 WL 9433536
CourtUtah Supreme Court
DecidedDecember 24, 2015
DocketCase No. 20130919
StatusPublished
Cited by48 cases

This text of 2015 UT 95 (State v. Cuttler) 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. Cuttler, 2015 UT 95, 367 P.3d 981, 802 Utah Adv. Rep. 20, 2015 Utah LEXIS 297, 2015 WL 9433536 (Utah 2015).

Opinion

Justice HIMONAS,

opinion of the Court:

INTRODUCTION

11 The State charged the defendant, James Cuttler, with vaginally raping .and orally and anally sodomizing his then seven-year-old daughter,. To bolster its case, the State sought to introduce evidence pursuant to rule 404(c) of the Utah Rules of Evidence that in 1984 and 1985 Cuttler vaginally raped and orally and anally sodomized his then eight- and ten-year-old daughters, demonstrating "a propensity to commit the crimes] charged." Urax R. Evip. 404(c)(1). Cuttler objected. He argued that such evidence was inadmissible under rule "404(c) because 'it [did] not 'establish [such] a propensity" and was also inadmissible under rule 408 because its probatlve value was "clearly outweighed by the danger of unfair prejudice." The district court took a middle tack. It reasoned that evidence of Cuttler's prior sexual abuse of his other daughters met the propensity standard for admission under rule 404(c) but did not pass rule 408 muster because the evidence presented a dangel of unfair prejudice that substantially outweighed its probative value. Therefore, it ordered that the evidence "not be admitted." We granted an interlocutory appeal to review the dlstmct court's order.

T2 Because the district -court abused its discretion in two ways, we reverse. First, the district court applied an incorrect legal standard by requiring that the evidence of prior abuse "overcome" the "factors set forth in State v. Shickles[,] 760 P.2d 291 (Utah 1988)," in order to satisfy rule 408.. As we explained in State v. Lucero, albeit in a slightly different context, "courts are bound by the text of rule 408, not the limited list of considerations outlined in Shickles." 2014 UT 15, ¶ 32, 328 P.3d 841. Thus, the governing legal standard for evaluating whether evidence satisfies rule 408 is the plain language of the rule, nothing more and nothing less. And while the district court's. adherence in this case. to the Shickles factors is understandable given our prior pronounce ments on this subject, it nevertheless represents an application of the wrong legal standard and, therefore, an abuse of discretion. See Johnson v. Johnson, 2014 UT 21, ¶ 24, 330 P.3d 704 ("As such, the district court applied the wrong legal standard, and in so doing, abused its discretion."). 1

3 Second, the district court also abused its discretion in how it assessed the similarities between the evidence of prior abuse 'and the current alleged abuse, as well as the potential prejudice from, and time gap since, the evidence of prior abuse. As we explain below, and by way of example, under the district court's analysis the State would effectively be precluded from ever introducing proof that a grandfather charged with sexually molesting a granddaughter had previously sexually molested his daughters in the same mandier and when they were the same age as the granddaughter. See infra ¶ 29. We will not handcuff the prosecutmn from *984 presenting evidence of intergenerational sexual abuse in such a manner.

BACKGROUND

T4 KC. was seven years old when she went to "her teacher and school principal" and told them that Cuttler, her father, had been sexually molesting her "for the last month." In subsequent interviews at the Utah County Children's Justice Center, K.C. alleged that when she goes to Cuttler's "house on the weekends" to visit him, "he locks the door ... [and] takes off his pants" and her pants and puts his penis, which he nicknamed "his dolly," in her "mouth," "butt hole," and "pee pee."

15 According to K.C., whenever she would "play" with Cuttler's penis, it would get "stiff" and "hard" and would "stand[] straight up." K.C. also told the interviewer at the Children's Justice Center that sometimes "a puky liquid" would come out of his penis. She also described in detail for the interviewer where and how the alleged abuse took place. Finally, K.C. reported that Cutt-ler would tell her that if she ever told anyone about the abuse, "then they'll take-, then they call the police and take me [Cuttler] away" and the only reminders of him that she would have would be the "things he's given me [K.C.] and pictures. "

T6 K.C.'s allegations bear a considerable similarity to the sexual abuse Cuttler inflict ed on his daughters J.C. and W.C. years earlier in Hurleyville, New York. It is undisputed that in 1984 Cuttler grabbed J.C., who was nine to ten years old at the time, "by the naple] of the neck" and made her perform oral sex on him. 2 Afterwards, he twisted her arm behind her back and "inserted [his] penis in her rectum." Cuttler inflicted the same sexual abuse on W.C. in 1985 when W.C. was eight years old. Cuttler told the detective investigating his abuse back then that he also believed he had inserted his penis into the girls' vaginas. He further admitted that he had been sexually molesting at least J.C.-and perhaps both girls-for "more than a year." - Cuttler referred to his penis by a nickname during this time period, too.

T7 Based on K.C.'s report, the State charged Cuttler with two counts of rape of a child, two counts of sodomy upon a child, and two counts of aggravated sexual abuse of a child, all first-degree felonies. While he was being held in jail, Cuttler was allegedly recorded telling K.C. "that he was at the jail house, 'where you put me ... by talking to the police, and further told her that she won't ever see him again, ... and that 'I told you to be quiet and not to talk about it'" And Cuttler later allegedly told K.C. that he did not "understand why you would tell that."

T8 Early on in this case, the State lodged a Notice of Intent to Introduce Evidence Pursuant to Utah Rules of Evidence 404(b) and 404(c). The notice asserted that Cuttler had "sexually abused his biological daughters, W.C. and J.C., on an ongoing basis at their home in Hurleyville, New Yorkf,] on and before January 6, 1985." The district court refused to admit the proffered evidence under rule 404(b)(2) because it concluded that the evidence failed to satisfy the rule's requirements. 3 And while it was of the opinion that the evidence fell within the strictures of rule 404(c), the district court nevertheless declined to admit the proffered evidence under this rule because it felt, after applying the Shickles factors, "that the proffered evidence presents a danger of unfair prejudice which substantially outweighs the probative value of the evidence."

T9 In response to the district court's decision, the State filed a petition for permission to file an interlocutory appeal, which we granted as to two issues. However, only the first issue presently concerns us. See infra ¶ 14. It asks, "Did the trial court apply the correct legal standard when weighing the probative value of rule 404(c) evidence (prior child molestation) against the risk of unfair prejudice under rule 4037" Our order granting the State permission to appeal also re *985 quested "that the parties address whether the factors for evaluating [rlule 404(b), set forth in State v. Shickles, should be reconsidered or revised." 4

[ 10 Prior to briefing, we handed down our decision in State v.

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Cite This Page — Counsel Stack

Bluebook (online)
2015 UT 95, 367 P.3d 981, 802 Utah Adv. Rep. 20, 2015 Utah LEXIS 297, 2015 WL 9433536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cuttler-utah-2015.