Utah Court of Appeals hears argument on whether child-abuse and gun charges should have been tried separately

The Utah Court of Appeals heard oral argument on the question of whether the district court erred by denying a motion to sever child sexual-abuse charges from later assault and weapons and assault charges in State v. Christiansen.

Appellant counsel Rachel Phillips Zanescoff told the court that "the district court abused its discretion and denied Isaac's motion to sever the abuse charges," arguing that the Utah statute governing joinder requires either a same-conduct connection or a common scheme or plan and that the record here lacks the necessary connection. Zanescoff stressed that evidence at trial showed Isaac Christiansen was intoxicated and confused during the events and argued the state could have presented the background of the call and police response without offering the detailed sexual-assault testimony that she…