State v. Jadama

2010 UT App 107, 232 P.3d 545, 655 Utah Adv. Rep. 13, 2010 Utah App. LEXIS 104, 2010 WL 1710298
CourtCourt of Appeals of Utah
DecidedApril 29, 2010
Docket20080653-CA
StatusPublished
Cited by6 cases

This text of 2010 UT App 107 (State v. Jadama) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Jadama, 2010 UT App 107, 232 P.3d 545, 655 Utah Adv. Rep. 13, 2010 Utah App. LEXIS 104, 2010 WL 1710298 (Utah Ct. App. 2010).

Opinions

OPINION

DAVIS, Presiding Judge:

¶ 1 Defendant Adama Jadama appeals his conviction of aggravated arson. He argues that the trial court erred in determining that he did not need an interpreter for trial. He also alleges that his trial counsel acted ineffectively by failing to secure an interpreter when given the opportunity and by failing to request a formal hearing on the matter before trial. Jadama additionally argues that the trial court should have granted his motion for a mistrial due to prosecutorial misconduct. We affirm.

BACKGROUND

¶ 2 Jadama is an immigrant to the United States, moving here as a refugee from Gambia when he was twelve years old. Jadama, whose native language is Mandinka, had at one point attended an English-speaking school in Gambia and had continued to study English upon arrival in the United States, including studying English with a special tutor. Jadama thereafter graduated from high school and attended college for a period of time. Further, Jadama was employed in the fast food industry and used his English skills to some extent there.

¶ 3 In late 2006, at which point Jadama had been in the United States for about ten years, he was charged with aggravated arson, a first degree felony, see Utah Code Ann. § 76-6-103(2) (2008), in connection with a fire set at his stepmother’s home. A hearing was held in February 2007, relatively early in the case, to determine whether Jada-ma needed an interpreter. This hearing was not an evidentiary hearing, but ended up simply being a discussion between the trial court, Jadama, and the attorneys regarding securing an interpreter. Although defense counsel stated that Jadama had been in the country almost a decade, taken English as a Second Language classes, and graduated from high school, she was of the opinion that, due to his broken English, Jadama needed an interpreter. Jadama expressed his opinion, through an interpreter, that “he would be more comfortable with an interpreter.” The prosecutor noted that he had received a letter from Jadama in English and that the police had interviewed Jadama in English, suggesting that the prosecutor believed that Jadama probably did not need an interpreter. But the prosecutor ultimately stated that he would not object to the use of an interpreter. During the hearing, the trial court engaged Jadama in a limited amount of basic English dialogue, during which Jadama answered all of the court’s questions appropriately and indicated no lack of understanding. At one point in the exchange, when Jadama stated that he spoke and understood some English, the trial court responded, “I’m not sure how much or how little. That might be the subject of a future proceeding; do you understand that?” After Jadama once more indicated his preference for an interpreter, the trial court “charge[d] both the parties ... with locating an appropriate interpreter,” remarking beforehand simply that “under the circumstances I think it would be a terrible idea not to appoint an interpreter” and that “given the fact that he’s facing a first degree felony we ought to have an appropriate translator.”

¶ 4 Several hearings followed. At one held in May 2007, the trial court started the proceeding by stating that the parties were apparently still attempting to find an interpreter. Jadama responded by saying, “All right. That’s fine. I don’t need an interpreter real[548]*548ly.” However, Jadama also mentioned that he did not “speak very good English.” The trial court then responded, “It sounds pretty good to me to tell you the truth.” The trial court also then mentioned that it had received a letter from Jadama, which was written in English. Ultimately, the trial court suggested a thirty-day continuance to give the parties more time to locate an interpreter, which was proving to be a difficult task, but also stated, “I have concerns about whether Mr. Jadama really needs an interpreter, frankly.”

¶ 5 In a subsequent hearing, defense counsel petitioned for an inquiry into Jadama’s competency, asking that the inquiry proceed without an interpreter but that the alienists speak slowly, and saying that Jadama would raise any questions he might have during the inquiry. In response, the trial court stated, “I think that’s correct. Mr. Jadama, you have a pretty good facility with the English language.” And the reports subsequently generated from the competency inquiry indicated no difficulty as a result of Jadama’s English language skills.1 The alienists were able to determine, through Jadama’s responses in English, that Jadama’s understanding of the proceedings and his ability to participate therein were sufficient to proceed with trial.2 The alienists’ reports also disclosed facts not previously known to the trial court, specifically, that Jadama attended an English-speaking school in Gambia until third grade, that he had a tutor to help him with English upon arrival in the United States, and that he attended one semester at a community college.

¶ 6 At a pretrial hearing held in October 2007, the issue of an interpreter was once again raised. The prosecutor raised the issue, asking that it be put to rest and stating that there was no need for an interpreter. The following dialogue then ensued:

[DEFENSE COUNSEL:] What I can tell the Court is, yes, it is true that Mr. Jadama speaks pretty good English. He understood the conversation that you were having. I asked him questions, if he understood the terminology they were using, and all of the indications for that conversation is, yes, he did understand. But as recently as this morning when we were discussing things with Mr. Jadama about the case, he was not familiar with the terminology that I used. He used terminology that I had to find an alternate word for that he understood. So it is not as clear as the State would suggest it is.
I’m not suggesting that it is not clear enough to go forward, but the tone in which [the prosecutor] addressed the Court is to suggest that we have been playing fun and games with the interpreter, and that is clearly not the case.
THE COURT: I have had Mr. Jadama in front of me a number of times and he seems to understand perfectly well. I’m able to carry on a conversation with him without any difficulty.
I appreciate there is terminology and other things that are used, but would charge you with taking your time in explaining it. I’m mean, it’s not lost on me. The man has a high school diploma, correct?
[JADAMA:] Yes.
THE COURT: He has been in the United States since he was 9 years old or so?
[JADAMA:] Eleven years since I was in the United States.
THE COURT: Listen to him now.... It is frustrating to have gone through this process and had the delays that [the prosecutor] refers to, in part due to this question of an interpreter when — while he may not understand at the level of someone who has obtained a [law degree], he’s certainly, I find, to be completely conversational in English.
[DEFENSE COUNSEL:] I don’t think what I said is contradictory to what you [549]*549said. However, I would also note if we are going to have this discussion that the interpreter, and request for an interpreter in part was on Mr.

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State v. Jadama
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Bluebook (online)
2010 UT App 107, 232 P.3d 545, 655 Utah Adv. Rep. 13, 2010 Utah App. LEXIS 104, 2010 WL 1710298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jadama-utahctapp-2010.