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Appeals court hears challenge to excited‑utterance, other‑acts and officer testimony in State v. Mike
Summary
The Utah Court of Appeals heard argument in State v. Mike at Southern Utah University over multiple evidentiary claims, including whether a neighbor’s statements were admissible as an excited utterance, whether an officer’s testimony reciting an in‑car hypothetical constituted improper other‑acts evidence, and whether jury instructions/unanimity issues about intoxication could have affected the verdict.
The Utah Court of Appeals heard argument in State v. Mike at Southern Utah University over multiple evidentiary claims, including whether a neighbor’s statements were admissible as an excited utterance, whether a police officer’s lay testimony and a post‑arrest hypothetical constituted improper propensity or other‑acts evidence, and whether jury unanimity or instructions about where intoxication occurred could have affected the verdict.
Appellant counsel Benjamin Miller argued the neighbor’s account—elicited after the neighbor admitted she waited to observe and then locked the door before asking questions—was not…
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