State v. Martin

2002 UT 34, 44 P.3d 805, 442 Utah Adv. Rep. 38, 2002 Utah LEXIS 32, 2002 WL 472299
CourtUtah Supreme Court
DecidedMarch 29, 2002
Docket20000853
StatusPublished
Cited by37 cases

This text of 2002 UT 34 (State v. Martin) 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. Martin, 2002 UT 34, 44 P.3d 805, 442 Utah Adv. Rep. 38, 2002 Utah LEXIS 32, 2002 WL 472299 (Utah 2002).

Opinions

AMENDED OPINION

RUSSON, Associate Chief Justice.

€ 1 Defendant Jeffrey Dean Martin ("Martin") appeals the denial of his motion for a new trial, which was based on new evidence discovered following our remand order in State v. Martin, 1999 UT 72, 984 P.2d 975 ("Martin I"). Prior to our remand order, a jury convicted Martin of rape, a first degree felony, in violation of Utah Code Ann. § 76-5-402 (1999), aggravated kidnaping, a first degree felony, in violation of Utah Code Aun. § 76-5-302 (1999), and three counts of foreible sodomy, also a first degree felony, in violation of Utah Code Ann. § 76-5-408(2) (1999). We reverse and remand.

BACKGROUND

I. TRIAL

12 This case arises from events that occurred on the night of December 29, 1996, for which the State charged Martin with rape, kidnaping, and three counts of forcible sodomy. The sole evidence introduced at trial of Martin's actions that night were the conflicting accounts given by Martin's victim, Lorraine Egan ("Egan"), and Martin himself.1

A. Egan's Testimony

13 According to Egan, Martin's attack began just after 7:00 p.m. when she arrived at a grocery store near her home to purchase prepackaged potatoes, which her family had sent her to buy as a last-minute addition to their dinner, and two candles for a "meditation technique" she and her sister had previously discussed trying. After completing her purchase, Egan walked to the store's parking lot to retrieve her car and drive home. Just as she was starting her car, however, Egan noticed Martin approaching the side of her vehicle, waving to her. Egan responded by cracking her car door open in order "to hear what [Martin] was going to say." Martin told Egan that he had observed someone break into her car, take something, and place [807]*807it in a nearby pickup truck. When Egan heard this, she turned off her engine and stepped out of the vehicle "to see if someone had been in [her] car." Then, as Egan was standing in the parking lot, Martin put a gun to her stomach and forced her "to get back into the car" and "slide to the passenger's side."

T 4 In the car, Martin told Egan that if she did not "scream or try to get away, ... he would let [her] go." Martin then handcuffed Egan's arm to his and ordered Egan to restart the car. Following Martin's orders, Egan turned the car's ignition key, and Martin drove out of the grocery store parking lot. After traveling approximately eight blocks, Martin stopped the car "in a parking lot right behind the [local] police station," where Martin commanded Egan to perform oral sex on him. Egan complied with this demand because she "was afraid of what [Martin] would do" to her if she "didn't do as he [said]." Thereafter, Martin drove back to the grocery store where he had abducted Egan.

15 Upon returning to the grocery store, Martin maneuvered the car into a stall near his semitrailer truck, which was parked at the edge of the grocery store lot. Martin next led Egan into his truck, removed the handcuff from his arm, and placed it on the gearshift inside his truck. Asking Egan the location of the nearest freeway, Martin then drove his truck north and west to a deserted area, where he eventually parked on the side of the road.

T6 Onee Martin had parked his truck, he began inquiring into Egan's personal life, repeatedly asking questions about her family, job, and living situation. While asking these questions, Martin was simultaneously attempting to remove the handcuffs from the truck's gearshift and Egan's wrist. In the process of removal, however, the key to the handcuffs broke, and Martin therefore unlocked the restraints with matchsticks. Having removed the handcuffs, Martin instructed Egan to lie down on the bed in the back of his truck.

1 7 On the bed, Martin "told [Egan] to put [her] arms around him." Martin then kissed Egan on the mouth and ordered her to perform oral sex on him, which she did despite the fact that she did not "want to." After "five [to] ten minutes," Martin pushed Egan off of him and told her to remove her clothes. Martin next "put his mouth on [Egan's] vagina" on two separate occasions, ordered Egan to sit on his face and perform oral sex again, and, ultimately, engaged in vaginal intercourse with Egan.

T8 Following the events on the bed, Martin placed his hand on Egan's throat and stated three times, "You know, I can't let you go. I can't trust you, that you won't tell." Immediately thereafter, Martin removed a stun gun from a cabinet in his truck, "showed [Egan] how it worked, and ... handed it to [Egan]." Upon receiving the stun gun, Egan backed away from the bed and toward the door of the truck. Seeing this, Martin stood up, began walking toward Egan, and stated, "Don't do this." Egan then attempted to use the stun gun on Martin's neck, but Martin grabbed Egan's wrist and ordered her to drop the weapon. After Egan dropped the stun gun, Martin pulled out the handgun he had used to abduct her, showed her that it was loaded, and "handed [her] the gun." Again armed, Egan pointed the gun at Martin and pulled the trigger. The gun, however, failed to fire, so Martin instructed Egan "to point the gun at his chest" and shoot him because he "knew what all the other people would do to him" in prison. Egan declined, handed the gun back to Martin, and informed him that she wanted to go home.

19 Thereafter, Martin began rummaging through Egan's wallet. After he finished, Martin forced Egan to write down her contact information on a sheet of paper. Once Egan had written down her contact information, Martin gave her seventy dollars because "he was sorry [for] what he did" and because he wanted to "help [Egan] out." Martin also told Egan that if he "could see [her] again," he would let her go. Accordingly, Egan agreed to date Martin in the future and arranged to have him call her at work the next day.

1 10 Believing he had convinced Egan that they should continue their relationship in the future, Martin told Egan to get dressed. [808]*808Martin then began driving back to the grocery store. On the drive, Martin volunteered various personal information about himself. Egan, in a continuing effort to maintain Martin's trust, participated in the exchange, asking Martin about his zodiacal sign, describing her "interest in fantasy things and dragons," and accepting a stuffed toy dragon that Martin presented to her as a gift. Martin also told Egan about the trucking company for which he was working and showed her the "name of the company" on the side of his truck.

T 11 Before they reached the store, Martin drove Egan to a payphone, where she called her family and explained that she had not yet returned from the grocery store because, as Martin had urged her to say, she met a friend who had purchased a new car, they had gone for a ride, but the car had malfunce-tioned. After the phone call, Martin and Egan walked back to the truck, where Martin informed Egan that he "wanted to [buy her] a house" and "support" her because he "wanted someone to cook for him 'and clean his truck." Subsequently, at approximately 10:00 p.m., Martin returned Egan to her car. As she left, Martin stated to her, "We started this way. We should end this way." Egan then drove home.

B. Martin's Testimony

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Blackwing
2025 UT 60 (Utah Supreme Court, 2025)
State v. Rallison
2023 UT App 34 (Court of Appeals of Utah, 2023)
State v. Eddington
2023 UT App 19 (Court of Appeals of Utah, 2023)
In re Estate of D.A. Osguthorpe
2021 UT 23 (Utah Supreme Court, 2021)
State v. Strayer
2021 UT App 49 (Court of Appeals of Utah, 2021)
State v. Bess
2019 UT 22 (Utah Supreme Court, 2019)
State v. Gibson
2016 UT App 15 (Court of Appeals of Utah, 2016)
State v. Ashby
2015 UT App 169 (Court of Appeals of Utah, 2015)
State v. Alzaga
2015 UT App 133 (Court of Appeals of Utah, 2015)
State v. Bravo
2015 UT App 17 (Court of Appeals of Utah, 2015)
State v. Ruiz
2014 UT App 143 (Court of Appeals of Utah, 2014)
State v. Duran
2014 UT App 59 (Court of Appeals of Utah, 2014)
State v. Davis
2013 UT App 228 (Court of Appeals of Utah, 2013)
State v. Richardson
2013 UT 50 (Utah Supreme Court, 2013)
State v. Denos
2013 UT App 192 (Court of Appeals of Utah, 2013)
State v. Pullman
2013 UT App 168 (Court of Appeals of Utah, 2013)
State v. Toki
2011 UT App 293 (Court of Appeals of Utah, 2011)
State v. Marks
2011 UT App 262 (Court of Appeals of Utah, 2011)
State v. Clark
2009 UT App 252 (Court of Appeals of Utah, 2009)
State v. Castillo
2007 UT App 324 (Court of Appeals of Utah, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
2002 UT 34, 44 P.3d 805, 442 Utah Adv. Rep. 38, 2002 Utah LEXIS 32, 2002 WL 472299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martin-utah-2002.