State v. Rammel, 721 P.2d 498 (Utah 1986). · Go Syfert
State v. Rammel, 721 P.2d 498 (Utah 1986). Cases Citing This Book View Copy Cite
175 citation events (96 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 1987 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (quoted) State v. Peraza
Utah Ct. App. · 2018 · quote attribution · 1 verbatim quote · confidence low
even where statistically valid probability evidence has been presented ... courts have routinely excluded it when the evidence invites the jury to focus upon a seemingly scientific, numerical conclusion rather than to analyze the evidence before it and decide where truth lies.
discussed Cited as authority (rule) State v. Garcia-Cardiel
Utah Ct. App. · 2024 · confidence medium
Our supreme court concluded this was inadmissible testimony because it was more prejudicial than probative, and the court held that “probabilities cannot conclusively establish that a single event did or did not occur and are particularly inappropriate when used to establish facts . . . such as whether a particular individual is telling the truth at any given time.” Id. at 501 (cleaned up).
discussed Cited as authority (rule) State v. Whitchurch
Utah Ct. App. · 2024 · confidence medium
Kristy identifies one of the other reasons why the supreme court held the anecdotal statistical evidence in Rammel to be inadmissible—i.e., because its “foundation was utterly lacking” since “[t]here was no showing that the anecdotal data from which the detective drew his conclusions had any statistical validity.” State v. Rammel, 721 P.2d 498, 501 (Utah 1986).
cited Cited as authority (rule) State v. Prettyman
Utah Ct. App. · 2024 · confidence medium
State v. Rammel, 721 P.2d 498, 501 (Utah 1986).
discussed Cited as authority (rule) State v. Jones (2×)
Utah · 2015 · confidence medium
State v. Rammel, 721 P.2d 498, 501 (Utah 1986) (internal quotation marks omitted). 69 .
discussed Cited as authority (rule) State v. McCullar
Utah Ct. App. · 2014 · confidence medium
Evid. 412; and State v. Rammel, 721 P.2d 498, 501 (Utah 1986) ("[Statistical analysis is] particularly inappropriate when used to establish facts not susceptible to quantitative analysis, such as whether a particular individual is telling the truth at any given time." (citation and internal quotation marks omitted)). 9 .
discussed Cited as authority (rule) State v. Wright
Utah Ct. App. · 2013 · confidence medium
Wright further contends that this quasi-statistical information "encouraged the jury 'to focus upon a seemingly scientific numerical conclusion rather than to analyze the evidence before it and decide where the truth lies." (Quoting State v. Rammel, 721 P.2d 498, 501 (Utah 1986).) The State counters that even if Detective Faulkner's testimony regarding the percentage of her cases that involved delayed reporting was inadmissible, its admission did not prejudice Wright's case and thus was harmless error not requiring reversal.
discussed Cited as authority (rule) State v. Gallup
Utah Ct. App. · 2011 · confidence medium
I agree that it was. 135 "[Wle will not set aside a verdict because of the erroneous exclusion of evidence unless a proffer of evidence appears of record, and we believe that the excluded evidence would probably have had a substantial influence in bringing about a different verdict." State v. Rammel, 721 P.2d 498, 499-500 (Utah 1986); see also Utah R.
discussed Cited as authority (rule) State v. King
Utah Ct. App. · 2010 · signal: cf. · confidence medium
Cf. State v. Rammel, 721 P.2d 498, 500 (Utah 1986) (determining it was harmless error to allow a police detective to provide expert testimony "that because most suspects lie when initially questioned by police, it would not have been `unusual' for [the defendant] to lie during the first police investigation"). ¶ 46 Additionally, the alleged victim's grandmother answered a question in such a way as to indicate that there was nothing to make her think that her granddaughter, in making the allegations, was not telling the truth.
discussed Cited as authority (rule) State v. Arguelles (2×)
Utah · 2003 · confidence medium
We have stated that "we will not set aside a verdict because of the erroneous exclusion of evidence unless a proffer of evidence appears [in the] record." State v. Telford, 940 P.2d 522, 526 (Utah Ct.App.1997) (quoting State v. Rammel, 721 P.2d 498, 499 (Utah 1986)).
discussed Cited as authority (rule) State v. Calliham
Utah · 2002 · confidence medium
The State also offered evidence of a number of admissions that implicated Jordan alone. 10 .We have stated that “ 'we will not set aside a verdict because of the erroneous exclusion of evidence unless a proffer of evidence appears of record.’ ” State v. Telford, 940 P.2d 522, 526 (Utah Ct.App.1997) (quoting State v. Rammel, 721 P.2d 498, 499 (Utah 1986)).
discussed Cited as authority (rule) State v. Hubbard (2×)
Utah · 2002 · confidence medium
See, eg., Hol-len, 2002 UT 35 , 11 26-68, 44 P.3d 794 ; State v. Hoffhine, 2001 UT 4, 118 , 20 P.3d 265 (quoting Ramirez, 817 P.2d at 781 (quoting Long, T21 P.2d at 498)); State v. Decorso, 1999 UT 57, ¶42 , 993 P.2d 887 (quoting Long, 721 P.2d at 498).
discussed Cited as authority (rule) State v. Colwell (2×)
Utah · 2000 · confidence medium
Under the cumulative error doctrine, we will reverse only if "`the cumulative effect of the several errors undermines our confidence... that a fair trial was had.'" State v. Harmon, 956 P.2d 262, 277 (Utah 1998) (quoting State v. Dunn, 850 P.2d 1201, 1229 (Utah 1993) (internal quotation omitted)); accord State v. Cardall, 982 P.2d 79, 85 (Utah 1999) (citing State v. Ellis, 748 P.2d 188, 191 (Utah 1987); State v. Rammel, 721 P.2d 498, 501-02 (Utah 1986)).
discussed Cited as authority (rule) State v. Cardall
Utah · 1999 · confidence medium
See State v. Ellis, 748 P.2d 188, 191 (Utah 1987); State v. Rammel, 721 P.2d 498, 501-02 (Utah 1986); State v. McKenzie, 186 Mont. 481 , 608 P.2d 428, 448 , cert. denied, 449 U.S. 1050 , 101 S.Ct. 626 , 66 L.Ed.2d 507 (1980).
discussed Cited as authority (rule) State v. Adams (2×)
Utah Ct. App. · 1998 · confidence medium
The court further concluded the error was prejudicial and warranted a retrial because "`this case depended on the jury's assessment of the victim's credibility versus the defendant's, and there is not "other evidence [to support] the defendant's conviction" ... beyond that which is tainted by ... improper testimony.'" Id. at 1096 *786 (alterations in original) (quoting State v. Rammel, 721 P.2d 498, 501 (Utah 1986)).
discussed Cited as authority (rule) State v. Telford
Utah Ct. App. · 1997 · confidence medium
Defendant further argues that, if tried separately, he would have been allowed to cross-examine Detective Hansen about other exculpatory statements. 5 The Utah Supreme Court has stated that “we will not set aside a verdict because of the erroneous exclusion of evidence unless a proffer of evidence appears of record.” State v. Rammel, 721 P.2d 498, 499 (Utah 1986); see also Utah R.
discussed Cited as authority (rule) State v. Arguelles
Utah · 1996 · confidence medium
This court has previously noted that “we will not set aside a verdict because of the erroneous exclusion of evidence unless a proffer of evidence appears of record, and we believe that the excluded evidence would probably have had a substantial influence in bringing about a different, verdict.” State v. Rammel 721 P.2d 498, 499-600 (Utah 1986); see also Hill v. Hartog, 668 P.2d 1206, 1209 (Utah 1983).
examined Cited as authority (rule) State v. Stefaniak (3×)
Utah Ct. App. · 1995 · confidence medium
The prosecutor improperly elicited Bartholomew’s comments concerning C.C.’s candor during the prior interview to suggest that C.C. was an open, honest, and credible witness. 3 See State v. Rammel, 721 P.2d 498, 500 (Utah 1986).
cited Cited as authority (rule) State v. Ramos
Utah Ct. App. · 1994 · confidence medium
However, when cross-examination goes to bias and motive, the Utah Supreme Court “has been careful to allow wide latitude for examination.” State v. Rammel, 721 P.2d 498, 499 (Utah 1986).
discussed Cited as authority (rule) Parsons v. Barnes (2×)
Utah · 1994 · confidence medium
Bundy v. Deland, 763 P.2d 803, 806 (Utah 1988) (citing State v. Ellis, 748 P.2d 188, 191 (Utah 1987)); State v. Rammel, 721 P.2d 498, 501-02 (Utah 1986).
discussed Cited as authority (rule) Ong International (U.S.A.) Inc. v. 11th Avenue Corp.
Utah · 1993 · confidence medium
See State v. Hamilton, 827 P.2d 232, 240 (Utah 1992); State v. Speer, 750 P.2d 186, 189 (Utah 1988); State v. Rammel, 721 P.2d 498, 499-500 (Utah 1986); In re Hock, 655 P.2d 1111, 1117 (Utah 1982). 64 .
discussed Cited as authority (rule) State v. Dunn (2×)
Utah · 1993 · confidence medium
Under the cumulative error doctrine, we will reverse only if “the cumulative effect of the several errors undermines our confidence ... that a fair trial was had.” Whitehead v. American Motors Sales Corp., 801 P.2d 920, 928 (Utah 1990); accord State v. Johnson, 784 P.2d 1135, 1146 (Utah 1989); State v. Ellis, 748 P.2d 188, 191 (Utah 1987); State v. Rammel, 721 P.2d 498, 501-02 (Utah 1986).
examined Cited as authority (rule) State v. Young (4×)
Utah · 1993 · confidence medium
While we have not defined "other personal gain," it seems clear that the purposes of escape and prevention of identification would fit within the plain meaning of those terms. [227] State v. Ellis, 748 P.2d 188, 191 (Utah 1987); State v. Rammel, 721 P.2d 498, 501-02 (Utah 1986). [228] See generally State v. Bishop, 753 P.2d 439, 499-500 (Utah 1988) (Zimmerman, J., concurring) (discussing harmlessness of several errors in light of confession and other evidence of guilt and gruesomeness of crime). [229] See, e.g., State v. Gardner, 789 P.2d 273, 288 (Utah 1989), cert. denied, 494 U.S. 1090 , 110…
discussed Cited as authority (rule) State v. Pharris
Utah Ct. App. · 1993 · confidence medium
Although we conclude that, under the circumstances, the exclusion was error, we find the error harmless because "it is unlikely that the excluded testimony prejudiced the defendant's rights in a substantial manner.” State v. Rammel, 721 P.2d 498, 500 (Utah 1986). 2 .
discussed Cited as authority (rule) State v. Emmett (2×)
Utah · 1992 · confidence medium
NOTES [1] See Utah Code Ann. § 76-5-403.1 . [2] State v. Smith, 675 P.2d 521, 524 (Utah 1983) (quoting United States v. Brown, 456 F.2d 293, 294 (2d Cir.), cert. denied, 407 U.S. 910 , 92 S.Ct. 2436 , 32 L.Ed.2d 684 (1972)); State v. Tucker, 26 Ariz.App. 376 , 548 P.2d 1188, 1190 (1976)). [3] See, e.g., State v. McCardell, 652 P.2d 942, 947 (Utah 1982); State v. Stone, 18 Utah 2d 289 , 422 P.2d 194, 195 (1967). [4] See, e.g., State v. Barella, 714 P.2d 287, 288 (Utah 1986); State v. Wulffenstein, 657 P.2d 289, 293 (Utah 1982), cert. denied, 460 U.S. 1044 , 103 S.Ct. 1443 , 75 L.Ed.2d 799 (198…
discussed Cited as authority (rule) State v. Quas
Utah Ct. App. · 1992 · confidence medium
The transcript reveals that Dr. Grey did not give psychological profile testimony, condemned in State v. Rimmasch, 775 P.2d 388, 400-03 (Utah 1989), nor did he vouch for the truthfulness of a witness’s testimony based on anecdotal “statistical” evidence, condemned in State v. Rammel, 721 P.2d 498, 501 (Utah 1986) and also in State v. Iorg, 801 P.2d 938, 941 (Utah App.1990).
discussed Cited as authority (rule) State v. Hoyt
Utah Ct. App. · 1991 · signal: cf. · confidence medium
Cf. State v. Rammel, 721 P.2d 498, 501 (Utah 1986) (while admission of “expert’s” testimony was erroneous, “its admission was harmless in view of the other evidence supporting defendant’s conviction”); State v. Iorg, 801 P.2d 938, 940 (Utah Ct.App.1990) (admission of expert testimony not harmless where “[n]o physical evidence corroborated [child victim’s] allegations,” only other witness for state was challenged expert, other children present at time of alleged offense were not called by state, and additional witness corroborated parts of defendant’s testimony, which in tur…
discussed Cited as authority (rule) State v. Moore
Utah Ct. App. · 1990 · confidence medium
See also Utah R.Evid. 403. *527 The Utah Supreme Court has recognized three categories of evidence with an “unusual propensity to unfairly prejudice, inflame, or mislead the jury:” (1) gruesome photos of a homicide scene, State v. Bishop, 753 P.2d 439, 493 (Utah 1988) (Zimmerman, J., concurring in the result); State v. Lafferty, 749 P.2d 1239 , 1256-57 aff'd, 776 P.2d 631 (Utah 1988); State v. Cloud, 722 P.2d 750, 752-53 (Utah 1986); State v. Garcia, 663 P.2d 60, 63-64 (Utah 1983); (2) a rape victim’s past sexual activities with someone other than the accused, State v. Johns, 615 P.2d 12…
discussed Cited as authority (rule) State v. Dibello
Utah · 1989 · confidence medium
Other categories of evidence carrying a presumption of unfair prejudice include a rape victim’s past sexual activities with someone other than the accused, State v. Johns, 615 P.2d 1260, 1264 (Utah 1980), and statistical evidence of matters not susceptible to quantitative analysis, such as witness veracity, State v. Rammel, 721 P.2d 498, 501 (Utah 1986).
discussed Cited as authority (rule) State v. Johnson (2×)
Utah · 1989 · confidence medium
State v. Ellis, 748 P.2d 188, 191 (Utah 1987) (quoting State v. Rammel, 721 P.2d 498, 501-02 (Utah 1986)). .
examined Cited as authority (rule) State v. Rimmasch (4×) also: Cited "see"
Utah · 1989 · confidence medium
See, e.g., State v. Rebeterano, 681 P.2d 1265, 1268-69 (Utah 1984) (polygraph examination results admitted only on stipulation waiving objection to admissibility); State v. Tuttle, 106 Utah Adv.Rep. 6, 10 (April 12, 1989) (hypnotically enhanced testimony not admissible); State v. Rammel, 721 P.2d 498, 500-01 (Utah 1986) (error to admit testimony of police officer as expert on likelihood of suspect lying).
discussed Cited as authority (rule) State v. Tuttle (2×)
Utah · 1989 · confidence medium
See State v. Eldredge, 773 P.2d 29 , 35 n. 9 (Utah 1989); State v. Bishop, 753 P.2d 439, 499 (Utah 1988) (Zimmerman, J., concurring); State v. Hackford, 737 P.2d 200 , 204 n. 1 (Utah 1987); State v. Knight, 734 P.2d 913, 919-20 (Utah 1987); State v. Rammel, 721 P.2d 498, 500 (Utah 1986); Utah R.Evid. 103; Utah R.Crim.P. 30.
examined Cited as authority (rule) State v. Eldredge (4×)
Utah · 1989 · confidence medium
See State v. Bishop, 753 P.2d 439, 489 (Utah 1988); State v. Rammel, 721 P.2d 498, 501-02 (Utah 1986).
discussed Cited as authority (rule) Bundy v. Deland
Utah · 1988 · confidence medium
We disagree. “ ‘Cumulative error’ refers to a number of errors which prejudice [a] defendant’s rights to a fair trial.” State v. Ellis, 748 P.2d 188 (Utah 1987); State v. Rammel, 721 P.2d 498, 501-02 (Utah 1986) (citation omitted).
discussed Cited as authority (rule) State v. Lactod (2×) also: Cited "see"
Utah Ct. App. · 1988 · confidence medium
State v. Rammel, 721 P.2d 498, 499 (Utah 1986).
examined Cited as authority (rule) State v. Bishop (4×) also: Cited "see, e.g."
Utah · 1988 · confidence medium
Defendant's additional contention that there was limited "trial energy to be focused on the five separate charges" at his trial is also without legal merit. [220] See Utah Code Ann. ง 76-5-203(1)(c) (Supp. 1983) (amended 1986). [221] See Utah Code Ann. ง 76-5-203(1)(a) (Supp. 1983) (amended 1986). [222] 671 P.2d 152 (Utah 1983). [223] Id. at 156-59 . [224] Utah Code Ann. ง 76-1-402(3)(a) (1978). [225] State v. Oldroyd, 685 P.2d 551, 553-54 (Utah 1984); Baker, 671 P.2d at 158-60 . [226] See State v. Crick, 675 P.2d 527, 529-30 (Utah 1983). [227] 680 P.2d at 1045-46. [228] State v. Rammel,…
discussed Cited as authority (rule) State v. Speer (2×)
Utah · 1988 · confidence medium
State v. Rammel, 721 P.2d 498, 500 (Utah 1986); In re Estate of Hock, 655 P.2d 1111, 1117 (Utah 1982); Stagmeyer v. Leatham Bros., 20 Utah 2d 421, 426 , 439 P.2d 279, 282 (1968).
discussed Cited as authority (rule) State v. Lafferty (2×)
Utah · 1988 · confidence medium
In the absence of such a showing, the probative value of such evidence is presumed to be "substantially outweighed by the danger of unfair prejudice." The categories of evidence subject to that requirement include a rape victim's past sexual activities with someone other than the accused, State v. Johns, 615 P.2d 1260, 1264 (Utah 1980); statistical evidence of matters not susceptible to quantitative analysis, such as veracity of a witness, State v. Rammel, 721 P.2d 498, 501 (Utah 1986); and gruesome photographs of a homicide victim's corpse.
discussed Cited as authority (rule) State v. Tillman (2×)
Utah · 1987 · confidence medium
Cf. State v. Maestas, 564 P.2d 1386, 1389 (Utah 1977) ("Courts have found no prejudice where information that may be brought out by further questioning was already before the jury either from the testimony of others or by implication from the witness’ own testimony.”) (footnote omitted); State v. Rammel, 721 P.2d 498, 500 (Utah 1986) (limiting further cross-examination was not prejudicial error because it would not have had a substantial influence in bringing about a different verdict). .The evidence does not reflect the average term served in Utah under a life sentence or whether the esti…
discussed Cited "see" State v. Francis (2×)
Utah Ct. App. · 2025 · signal: see · confidence high
See Rammel, 721 P.2d at 501 (“Probabilities cannot conclusively establish that a single event did or did not occur and are particularly inappropriate when used to establish facts not susceptible to quantitative analysis, such as whether a particular individual is telling the truth at any given time.” (quotation simplified)); State v. Carrera, 2022 UT App 100, ¶ 68 , 517 P.3d 440 (“[W]e have classified as inadmissible any claims by experts that they know how to discern lies from truth, or that they have made an evidence-based determination that a witness was telling the truth.”); Burne…
discussed Cited "see" State v. Ngoy
Utah Ct. App. · 2025 · signal: see · confidence high
See Rammel, 721 P.2d at 501 (“Even where statistically valid probability evidence has been presented . . . courts have routinely excluded it when the evidence invites the jury to focus upon a seemingly scientific, numerical conclusion rather than to analyze the evidence before it and decide where truth lies.
examined Cited "see" State v. Garcia (3×)
Utah Ct. App. · 2022 · signal: see · confidence high
See id. at 499 .
discussed Cited "see" Provo City v. Bishop-Garcia
Utah Ct. App. · 2022 · signal: see · confidence high
See State v. Rammel, 721 P.2d 498 , 500–01 (Utah 1986) (holding that detective’s testimony about another witness’s truthfulness “[b]ased on his experience interviewing several hundred criminal suspects” was inadmissible expert opinion); State v. Valdez, 2021 UT App 13, ¶ 55 , 482 P.3d 861 (declaring improper (continued…) 20190872-CA 6 2022 UT App 16 Provo City v. Bishop-Garcia ¶20 Under rule 608(a), “[a] witness’s credibility may be attacked or supported by testimony about the witness’s reputation for having a character for truthfulness or untruthfulness.” Utah R.
cited Cited "see" State v. Lewis
Utah Ct. App. · 2020 · signal: see · confidence high
See Rammel, 721 P.2d at 501 ; Iorg, 801 P.2d at 941 .
cited Cited "see" State v. Boyer
Utah Ct. App. · 2020 · signal: see · confidence high
See generally, e.g., State v. Rammel, 721 P.2d 498 (Utah 1986); Burnett, 2018 UT App 80 ; State v. Iorg, 801 P.2d 938 (Utah Ct. App. 1990).
discussed Cited "see" State v. Murphy (2×)
Utah Ct. App. · 2019 · signal: see · confidence high
See generally id.
examined Cited "see" State v. Burnett (3×) also: Cited "see, e.g."
Utah Ct. App. · 2018 · signal: see · confidence high
See generally id.
cited Cited "see" State v. Irvin
Utah Ct. App. · 2007 · signal: see · confidence high
See Rammel, 721 P.2d at 499 .
discussed Cited "see" State v. Gomez
Utah · 2002 · signal: see · confidence high
See State v. Rammel, 721 P.2d 498, 501 (Utah 1986) (excluding impeachment testimony where potential for prejudice substantially outweighed its probative value under substantially similar predecessor rule to modern rule 403); see also United States v. Leake, 642 F.2d 716 , 718 (4th Cir.1981) (“[Rule 608(b)] recognizes that the trial court must have discretion to apply the overriding safeguards of rule 403.... ”); 5 State v. Hall, 946 P.2d 712, 722-23 (Utah Ct.App.1997); 28 Charles Alan Wright & Victor James Gold, Federal Practice and Procedure: Evidence § 6118, at 94 (1993) (“[T]he court…
cited Cited "see" State v. Baker
Utah Ct. App. · 1998 · signal: see · confidence high
See State v. Rammel, 721 P.2d 498, 502 (Utah 1986).
Retrieving the full opinion text from the archive…
The STATE of Utah, Plaintiff and Respondent,
v.
Grant A. RAMMEL, Defendant and Appellant
19439.
Utah Supreme Court.
Jun 27, 1986.
721 P.2d 498
Frances M. Palacios, Salt Lake City, for defendant and appellant., David L. Wilkinson, Atty. Gen., Dave B. Thompson, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.
Hall, Stewart, Howe, Durham, Zimmerman.
Cited by 78 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 81%
Citer courts: Court of Appeals of Utah (1)
HALL, Chief Justice:

Defendant appeals from his conviction on a charge of aggravated robbery, a first degree felony under U.C.A., § 76-6-302 (RepLYol. 8B, 1978 ed.).

On October 8, 1982, at approximately 9:00 a.m., Aldon Herman, General Manager of Amelia’s Restaurant, was severely clubbed by an assailant as he descended the back stairs of an airport terminal building with the previous day’s receipts in a bank bag. Herman fought the assailant off and yelled for help. George Magers, an electronic technician working nearby, observed a young man carrying a club break through some glass doors, jump off a loading dock, and flee from the area. He found Herman but pursued the assailant when other people came to Herman’s aid. Magers memorized the license number of a car speeding from the scene carrying the assailant. The police located David Dyson, owner of the vehicle, who initially denied any involvement in the aggravated robbery. He later admitted that he had been the driver of the getaway car and identified defendant as Herman’s assailant.

At trial, Dyson, under a grant of immunity from prosecution, testified for the State that he, defendant, and another man had planned the robbery for more than a week. Dyson testified that he had taught defendant how to knock out a person with a club, had driven defendant to the scene of the robbery, had waited in the car while defendant executed the assault, and had driven defendant away from the scene after defendant ran out of the building. Herman testified that defendant’s physical charac-teristies resembled those of the assailant and that Dyson did not appear to be the man who assaulted him. Magers corroborated these statements. Defendant took the stand and testified that he had been at Denny’s Restaurant on the morning of the robbery, that Dyson had dropped him off there, that he had met his ex-girlfriend,' and that Dyson had continued on to Amelia’s Restaurant to commit the robbery.

I

Defendant challenges the trial court’s refusal to allow full cross-examination on Herman’s pending civil suit against defendant. As a result, he claims to have been deprived of his sixth amendment rights to confront his accuser and explore the witness/victim’s bias. Defendant contends that pursuit of such questioning would have undermined Herman’s credibility with the jury and disclosed a possible motive to testify untruthfully. Defendant advances Smith v. Illinois, 390 U.S. 129, 88 S.Ct. 748, 19 L.Ed.2d 956 (1968) (protection of witness from retaliation does not outweigh defendant’s right to cross-examination), in support of his argument. We agree that the trial court erred, but conclude that the error was harmless.

Under Rule 20 of the Utah Rules of Evidence, which was in effect at the time of defendant’s trial, extrinsic evidence relevant upon issues of credibility is admissible. [1] Although the trial court has discretion in limiting cross-examination, this Court has been careful to allow wide latitude for examination in the areas of bias and motive. State v. Maestas, 564 P.2d 1386, 1388 (Utah 1977). However, we will not set aside a verdict because of the erroneous exclusion of evidence unless a proffer of evidence appears of record, and we

[*500] believe that the excluded evidence would probably have had a substantial influence in bringing about a different verdict. Utah R.Evid. 5 (superseded Sept. 1, 1983). [2] Where it is unlikely that the excluded testimony prejudiced the defendant’s rights in a substantial manner, the error is harmless and the case is not subject to reversal. See State v. Salmon, 612 P.2d 366, 370 (Utah 1980). “Courts have found no prejudice where information that may be brought out by further questioning was already before the jury either from the testimony of others or by implication from the witness’ own testimony.” Maestas, 564 P.2d at 1389 (footnote omitted). See also, State v. Hutchison, 655 P.2d 635, 636-37 (Utah 1982) (finding harmless error under Rule 30 of the Utah Rules of Criminal Procedure where information was before the jury without improperly excluded report); State v. Burris, 131 Ariz. 563, 566-67, 643 P.2d 8, 11-12 (Ariz.Ct.App.1982) (finding harmless error in limiting cross-examination concerning witness’s preparation of a civil suit against defendant where bias and prejudice of the witness were evident to the jury from other facts before it). But see State v. Hubbard, 297 Or. 789, 802, 688 P.2d 1311, 1320-21 (1984) (affirming finding of prejudical error from exclusion of cross-examination where police officer’s critical testimony was directly in conflict with defendant's testimony, and cross-examination could have established police officer’s bias or interest and affected the outcome of the trial).

Here the jury was well aware of Herman’s possible motivation for testifying as he did. On direct examination Herman was questioned about the extent of the injuries he received from the clubbing, including nerve damage, ear blockage, speech impairment, vertigo, and resulting nausea. At the time of trial, he was still under the care of an eye, nose, and ear specialist, a neurosurgeon, and a psychiatrist. On cross-examination, Herman admitted that he had been through a lot of pain and suffering and that he had some very angry feelings about what had happened. The jury also heard, and was not told to ignore, the question posed as to whether Herman had instituted civil proceedings against defendant. We therefore conclude that although it was error to limit the cross-examination as to Herman’s bias and motive, the error was not prejudicial because additional cross-examination would not have had a substantial influence in bringing about a different verdict.

II.

Defendant next claims that the trial court erred in permitting Detective Welti to testify that he did not consider it unusual for Dyson to lie to him when Dyson was first interrogated. Based on his experience interviewing several hundred criminal suspects, Detective Welti testified at trial that no criminal suspect ever admitted “right off the bat” to committing a crime. He then proceeded to give the opinion that because most suspects lie when initially questioned by police, it would not have been “unusual” for Dyson to lie during the first police interrogation. The trial court held that Detective Welti was an expert apparently qualified to testify on Dyson’s capacity for telling the truth and admitted the evidence. That ruling was erroneous for several reasons.

First, the testimony was not admissible under the applicable evidentiary rules and statute. Although a witness’s credibility may always be impeached, [3] the impeaching evidence must go to that individual’s character for veracity. See Utah R.Evid. 20 (U.C.A., Repl.Vol. 9B, 1977 ed.) (superseded Sept. 1, 1983); U.C.A., 1953, § 78-24-1 (Repl.Vol. 9A, 1977 ed.). Detective Welti’s testimony did not relate to Dyson’s character for veracity, but instead invited the jury to draw inferences about Dyson’s character based upon Welti’s past experience with other suspects. Therefore, the testimony was inadmissible.

[*501] Second, the trial judge abused his discretion in admitting the evidence as expert testimony because its foundation was utterly lacking. There was no showing that the anecdotal data from which the detective drew his conclusions had any statistical validity. Nor was there any evidence to establish that Detective Welti’s experience uniquely qualified him as an expert under Rule 56 of the Rules of Evidence to give such testimony. [4] Absent such showings, Welti’s opinions lacked sufficient foundation to be admitted.

Finally, even if the testimony was proper impeachment evidence, it should have been excluded because its potential for prejudice substantially outweighed its probative value. Utah R.Evid. 45 (superseded Sept. 1, 1983). [5] In this case, the prosecution attempted to establish, in effect, that there was a high statistical probability that Dyson lied. Even where statistically valid probability evidence has been presented — and Welti’s testimony hardly qualifies as such — courts have routinely excluded it when the evidence invites the jury to focus upon a seemingly scientific, numerical conclusion rather than to analyze the evidence before it and decide where truth lies. See, e.g., People v. Collins, 68 Cal.2d 319, 438 P.2d 33, 40-41, 66 Cal.Rptr. 497, 504-05 (1968). Probabilities cannot conclusively establish that a single event did or did not occur and are particularly inappropriate when used to establish facts “not susceptible to quantitative analysis,” such as whether a particular individual is telling the truth at any given time. See Boucher v. Bomhoff, 495 P.2d 77, 84 (Alaska 1972) (Erwin, J., concurring). See also State v. Steward, 34 Wash.App. 221, 223-24, 660 P.2d 278, 279-80 (1983) (reversible error to admit a pathologist’s “expert” testimony that “serious injuries to children were often inflicted by either live-in or babysitting boyfriends” in the murder prosecution of a babysitting boyfriend). Cf. State v. Sims, 3 Ohio App.3d 321, 325, 445 N.E.2d 235, 240 n. 6 (1981) (assuming statistics were available, statistical likelihood of eyewitness to err would not assist the trier of fact to determine whether a particular eyewitness was telling the truth).

Despite the error of admitting Detective Welti’s testimony, its admission was harmless in view of the other evidence supporting defendant’s conviction.

III.

The State offered in evidence a driver’s license photograph of Dyson to show that Dyson could not have been the assailant described by the victim. Defendant objected to the admission of the photograph on the grounds of relevancy, stating that the picture was taken in February of 1981 and Dyson was not interrogated until October of 1982. Detective Welti testified that Dyson looked very similar to the photograph both on the day of his interrogation and on the day of trial. With that foundation before it, the trial court was well within its discretion to admit the photograph as relevant to the identification of the robber. Cf. State v. Anderson, 561 P.2d 1061, 1063 (Utah 1977) (trial court given broad discretion concerning receipt of evidence), overruled on other grounds, State v. Chavez, 605 P.2d 1226, 1228 (Utah 1979).

IV.

In his final point on appeal, defendant claims that the cumulative impact of the inadmissible testimony and evidence created reversible error. In support he cites State v. St. Clair, 3 Utah 2d 230, 282 P.2d 323 (1955), and Gooden v. State, 617 P.2d 248 (Okla.Crim.App.1980). However, those cases are distinguishable, inasmuch as numerous irregularities there tended to prejudice the rights of those defendants. “ ‘Cumulative error’ refers to a number of errors which prejudice defendant’s right to[*502] a fair trial.” State v. McKenzie, 186 Mont. 481, 608 P.2d 428, 448, cert. denied, 449 U.S. 1050, 101 S.Ct. 626, 66 L.Ed.2d 507 (1980). Since we hold that no substantial errors were committed, the doctrine does not apply. See Id.

The judgment of the trial court is affirmed.

STEWART, HOWE, DURHAM and ZIMMERMAN, JJ., concur.
1

. The Rule provided in pertinent part: “[F]or the purpose of impairing or supporting the credibility of a witness, any party including the party calling him may examine him and introduce extrinsic evidence concerning any statement or conduct by him and any other matter relevant upon the issues of credibility.” On April 13, 1983, we adopted the new Utah Rules of Evidence, effective September 1, 1983. The Rules pertaining to impeachment of witnesses are now found in Rules 607 through 610. Rule 608(c) expressly allows extrinsic evidence of bias.

2

. The substance of Rule 5 is now found in Utah Rule of Evidence 103.

3

. See supra note 1.

4

. Rule 56 has been superseded and replaced in substance by Rules 702 through 704 of the new Utah Rules of Evidence, effective September 1, 1983.

5

. The substance of Rule 45 may now be found in Rule 403 of the new Utah Rules of Evidence.