Utah Supreme Court Hears Argument Over Whether Victim May Be Subpoenaed for Rule 4.12 Hearing in State v. Jollin

SALT LAKE CITY — The Utah Supreme Court heard oral argument over whether a trial judge may allow a defense subpoena to require a victim to appear at a Rule 4.12 hearing, the state’s rape‑shield procedure, in State v. Jollin.

Paul Cassell, counsel for the victim identified in the record as TT, told the court the district court erred by permitting the defense to subpoena the victim to be examined at a Rule 4.12 hearing. "The District Court erred in allowing the defense to subpoena T," he said, framing the case as a narrow procedural question about what procedures a district court must use when deciding whether prior sexual‑history evidence is admissible.

Why it matters: The court’s resolution could affect how trial judges handle motions to introduce prior sexual‑history evidence, and — according to advocates — could shape protections for victims across numerous prosecutions. Cassell argued the district court both misread the Rule 4.12 procedure and failed to address state constitutional victims’ rights that were raised below.

What the petitioners argued: Cassell told the justices that Rule…