Court of Appeals hears arguments over admissibility of ‘grooming’ evidence in State v. Newberry

The Utah Court of Appeals heard argument in State v. Newberry (No. 20230121) over whether the district court erred in admitting allegations about the defendant’s prior conduct under Utah Rule of Evidence 404(b) and Rule 403.

Appellant counsel Anna Grigsby argued the district court abused its discretion in admitting the other‑acts allegations, saying State v. Reed does not authorize evidence of ongoing behavior where the only inference is one of propensity. "Reed...does not hold that ongoing behavior evidence is admissible to show propensity," Grigsby told the three‑judge panel. She argued the prior incidents (allegedly occurring outside Utah) were not intrinsic to the charged offense and did…