Utah Court of Appeals hears challenge to admission of 'grooming' evidence in State v. Newberry

A three-judge panel of the Utah Court of Appeals heard argument in State v. Newberry (No. 20230121) on whether the district court abused its discretion by admitting allegations about the defendant’s prior conduct described by the state as grooming and an ongoing behavior pattern.

Appellant counsel Anna Grigsby argued the district court erred by admitting the allegations under Utah Rules of Evidence 404(b) and 403. Grigsby said the trial court relied on State v. Reed and related authorities to treat the prior allegations as non‑character evidence showing opportunity, preparation and planning, but maintained Reed does not permit admission of other‑acts evidence when the real inference is propensity.

The state, represented by David Simpson, defended the ruling as either intrinsic evidence (inextricably intertwined with the charged conduct) or admissible under Rule 404(b) for a proper noncharacter purpose — principally to explain an escalating pattern of conduct that…