State v. Tulley

The Supreme Court affirmed the judgment of the district court convicting Defendant of reckless aggravated abuse of a vulnerable adult and interference with an arresting officer, holding that the district court did not err in excluding evidence of the victim’s prior sexual misconduct and correctly instructed the jury.Defendant received a sentence enhancement for his convictions because he qualified as a habitual violent offender. On appeal, Defendant argued that the district court erred in excluding the victim’s prior sexual misconduct evidence and in instructing the jury. The Supreme Court found no error as to these issues. Defendant also argued that Utah’s aggravated abuse of a vulnerable adult statute was unconstitutionally vague and that Utah’s habitual offender statute violated the Utah Constitution’s cruel and unusual punishment clause and the double jeopardy clause. The Supreme Court disagreed, holding that Utah’s aggravated abuse statute is not unconstitutionally vague and that Utah’s habitual violent offender statute is constitutional. View "State v. Tulley" on Justia Law