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Appeals court hears arguments over blurred hotel video, ineffective‑assistance and Robbins challenge in State v. Vargas
Summary
The Utah Court of Appeals heard competing arguments in the appeal of State v. Vargas about trial counsel’s decision not to offer an unblurred hotel‑room video and whether the alleged victim’s testimony is so inconsistent that Robbins review requires reversal.
The Utah Court of Appeals heard oral argument in State v. Vargas on whether trial counsel rendered ineffective assistance by declining to offer an unblurred hotel‑room video to the jury and whether the victim’s testimony was so inherently improbable that the appellate court should remove it from the evidentiary picture under Robbins.
The case drew focused questioning from the panel, which included Judge Ryan Tenney (presiding), Judge Oliver and Judge John Luthy. Appellant counsel Matt Howell said the unblurred video would have shown the alleged victim “stark naked” and that seeing her unedited torso and movements would have “had a real impact on [the jury’s] decision.” Howell argued the video could have undermined the sole witness’s credibility and that, under Salazar, when a case “turns on” one witness, defense counsel has an obligation to present evidence that impeaches that witness.
Natalie Edmondson, arguing for the state, told the court the prosecutor’s office had offered a censored version to preserve the victim’s privacy and dignity and that the unblurred footage “would risk offending the jury” and might inflame juror emotions. Edmondson also said the record…
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