State v. Walker

743 P.2d 191, 64 Utah Adv. Rep. 10, 1987 Utah LEXIS 769
CourtUtah Supreme Court
DecidedAugust 25, 1987
Docket20921
StatusPublished
Cited by237 cases

This text of 743 P.2d 191 (State v. Walker) 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. Walker, 743 P.2d 191, 64 Utah Adv. Rep. 10, 1987 Utah LEXIS 769 (Utah 1987).

Opinions

DURHAM, Justice:

Defendant was charged and convicted in a bench trial of two counts of aggravated sexual abuse of a child. He was thereafter sentenced to a statutory minimum mandatory sentence of three years to life on each count, both terms to run concurrently. Defendant has appealed on the ground that there was insufficient evidence to prove that he was an adult when he committed the offenses. He also raises four additional points on appeal: first, that the trial court erred in excluding the testimony of two defense witnesses; second, that the trial court erred in allowing certain witnesses to testify to out-of-court statements by the victims; third, that the prosecutor improperly led the victim witnesses in direct examination; and, fourth, that the court erred in not granting the defense motion for a new trial. We reverse on the ground of insufficiency of the evidence.

This Court has had a well-established standard of review of verdicts in criminal cases, which we have applied to both jury and bench verdicts. When reviewing the sufficiency of evidence supporting a conviction, we have said that we will overturn a verdict “only when the evidence is so lacking and insubstantial that a reasonable person could not have reached that verdict beyond a reasonable doubt.” State v. Isaacson, 704 P.2d 555, 557 (Utah 1985); State v. Tanner, 675 P.2d 539, 550 (Utah 1983); State v. Petree, 659 P.2d 443, 444 (Utah 1983) (review of a jury verdict).

On January 1, 1987, however, new Utah Rule of Civil Procedure 52(a) took effect, providing:

In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon, and judgment shall be entered pursuant to Rule 58A; in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its action. Requests for findings are not necessary for purposes of review. Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses.

(Emphasis added.) Rule 52(a) applies in criminal cases by virtue of Utah Code Ann. § 77-35-26(g) (1982), which provides: “The rules of civil procedure relating to appeals shall govern criminal appeals to the Supreme Court except as otherwise provided.” See also Utah R.Civ.P. 81(e) (civil procedure rules apply in the absence of contradictory rule of criminal procedure).

The language of Rule 52(a) is similar to the Federal Rules of Civil Procedure. Federal case law has defined the standard of review in the federal rule and Wright & [193]*193Miller summarizes that standard as follows:

[I]t is not accurate to say that the appellate court takes that view of the evidence that is most favorable to the appellee, that it assumes that all conflicts in the evidence were resolved in his favor, and that he must be given the benefit of all favorable inferences. All of this is true in reviewing a jury verdict. It is not true when it is findings of the court that are being reviewed. Instead, the appellate court may examine all of the evidence in the record. It will presume that the trial court relied only on evidence properly admissible in making its finding in the absence of a clear showing to the contrary. It must give great weight to the findings made and the inferences drawn by the trial judge, but it must reject his findings if it considers them to be clearly erroneous.

Wright & Miller, Federal Practice and Procedure § 2585 (1971) (citations omitted.)

The definition of “clearly erroneous” in the federal rule comes from United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 525, 542, 92 L.Ed. 746 (1948):

A finding is “clearly erroneous” when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.

Further clarification is offered by Wright & Miller:

The appellate court ... does not consider and weigh the evidence de novo. The mere fact that on the same evidence the appellate court might have reached a different result does not justify it in setting the findings aside. It may regard a finding as clearly erroneous only if the finding is without adequate evidentiary support or induced by an erroneous view of the law.

Thus, the content of Rule 52(a)’s “clearly erroneous” standard, imported from the federal rule, requires that if the findings (or the trial court’s verdict in a criminal case) are against the clear weight of the evidence, or if the appellate court otherwise reaches a definite and firm conviction that a mistake has been made, the findings (or verdict) will be set aside.

Although we have applied the new Rule 52(a) since its effective date, see, e.g., Ashton v. Ashton, 733 P.2d 147 (Utah 1987); Lemon v. Coates, 735 P.2d 58 (Utah 1987), we have not examined the impact of drawing from the federal rules in the promulgation of our new Rule 52. Therefore, we disavow language in our earlier cases describing or implying a standard under new Rule 52(a) which differs in any significant respect from the standard of review applied in this case. We further specify that we will hereafter apply the standard adopted in this case to bench trials in criminal cases, and not the standard in State v. Isaacson, State v. Tanner, and State v. Petree. In that regard, we abandon the pre-Rule 52(a) position that the standard of review in criminal cases must be the same for both jury and bench verdicts. Not only does Rule 52(a) require this shift, but also we believe it to be an appropriate recognition of the relative deference owed to mul-ti-member panel decisions as opposed to single-judge findings.

Having delineated the proper standard of review, we summarize the facts testified to at this trial. Defendant began babysitting for the victims, “J.” and “T.,” in the spring of 1983. Defendant cared for the girls for the last time on October 14, 1984, three days after his eighteenth birthday. Defendant testified that in November 1984, he contacted his bishop in the L.D.S. Church and told the bishop that he had “touched [J. and T.] in places that I shouldn’t have” during the summer of 1983 but that nothing had happened since. The bishop referred defendant to a social worker with the Utah Division of Family Services (DFS), who interviewed defendant. Defendant testified that he also told the social worker that nothing improper had occurred since 1983. The social worker recommended that defendant talk to the victims’ mother (Mrs. H.), who was very close to defendant and his family.

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Cite This Page — Counsel Stack

Bluebook (online)
743 P.2d 191, 64 Utah Adv. Rep. 10, 1987 Utah LEXIS 769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-walker-utah-1987.