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Appeals court hears challenge to remote child testimony and counsel performance in State v. Cassie Tolman
Summary
The Utah Court of Appeals heard an appeal from Cassie Tolman challenging the trial court’s use of remote testimony under Utah Rule 15.5 and multiple evidentiary rulings the defense says prejudiced the jury.
The Utah Court of Appeals heard argument in State v. Cassie Tolman about whether the trial court erred in allowing the State’s witnesses (three children) to testify remotely and whether trial counsel’s handling of objections and evidence amounted to ineffective assistance.
Appellant counsel (identified in the record as both Lila Mahmood and Vladimir Mahmoud at separate points) argued the state failed to satisfy Rule 15.5’s requirement that the court find each child would suffer severe emotional distress or would be unreliable if required to testify in the defendant’s presence. Counsel said the court made only a short, on‑the‑record statement granting the motion and did not make the…
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