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Utah Court of Appeals hears arguments in State v. Moore over counsel’s handling of prior‑acts and hearsay evidence
Summary
At oral argument in State v. Moore, defense counsel urged reversal, arguing trial counsel’s allowance of repeated prior‑acts and hearsay testimony (including statements about a victim’s biological mother) was objectively unreasonable and prejudicial; the state countered counsel faced a split‑second choice and reasonably allowed evidence so the source could minimize prejudice. The court took the case under advisement.
The Utah Court of Appeals on oral argument considered whether trial counsel’s decision to allow testimony about a victim’s biological mother and related prior‑acts evidence amounted to ineffective assistance in State v. Moore. Defense counsel Charice Bukalski told the three‑judge panel that Mr. Moore was convicted of multiple child‑abuse and child‑endangerment charges and that the jury repeatedly heard an account implicating the biological mother, which defense counsel says was highly prejudicial and should have been excluded under Rule 404(b).
Bukalski framed the appeal around two questions: “can the strategic admission of prior acts evidence ever be ineffective under Strickland?” and whether, without the contested evidence, the jury could have harbored reasonable doubt. She argued the record showed the…
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