propensity purpose rule (Utah) · Go Syfert
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propensity purpose rule in Utah

12 Utah opinions name it 2 courts 2017–2026 4 in the last five years

The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
State v. Thorntongreen
utah · 2017 · cited in 9 Utah opinions naming this issue, 2017–2025
2 sentences

2018But see State v. Thornton , 2017 UT 9 , ¶ 58, 391 P.3d 1016 ("The threshold 404(b) question is whether the evidence has a plausible, avowed purpose beyond the propensity purpose that the rule deems improper.

2018But see State v. Thornton , 2017 UT 9 , ¶ 58, 391 P.3d 1016 ("The threshold 404(b) question is whether the evidence has a plausible, avowed purpose beyond the propensity purpose that the rule deems improper.

29
State v. Greengreen
utah · 2023 · cited in 1 Utah opinions naming this issue, 2026–2026
1 sentence

2026See 2023 UT 10, ¶ 63 (noting “the propensity purpose that the rule deems improper” (quotation simplified)). ¶63 But here’s the rub: you can’t have anything approaching a functional ban on propensity evidence if you let prior-bad-acts evidence come in for the purpose of rebutting a fabrication defense.

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
State v. Thorntongreen
utah · 2017 · cited in 9 Utah opinions naming this issue, 2017–2025
2 sentences

2018But see State v. Thornton , 2017 UT 9 , ¶ 58, 391 P.3d 1016 ("The threshold 404(b) question is whether the evidence has a plausible, avowed purpose beyond the propensity purpose that the rule deems improper.

2018But see State v. Thornton , 2017 UT 9 , ¶ 58, 391 P.3d 1016 ("The threshold 404(b) question is whether the evidence has a plausible, avowed purpose beyond the propensity purpose that the rule deems improper.

19

Also cited on this issue (3)

CaseCitedYears
State v. Shay green
utahctapp · 2026
1 sentence

2026In Green, the court noted that the prior-bad-acts evidence 20240257-CA 28 2026 UT App 83 State v. Shay was “highly probative of the primary issue at trial—whether the complaining witness is fabricating her allegation of sexual assault.” Id. ¶ 67.

12026–2026
State v. Meik green
utahctapp · 2024
2 sentences

2025A. Noncharacter Purpose ¶23 “The threshold 404(b) question is whether the evidence has a plausible, avowed purpose beyond the propensity purpose that the rule deems improper.” State v. Meik, 2024 UT App 46, ¶ 37 , 547 P.3d 878 (quotation simplified), cert. denied, 554 P.3d 923 (Utah 2024).

2025A. Noncharacter Purpose ¶23 “The threshold 404(b) question is whether the evidence has a plausible, avowed purpose beyond the propensity purpose that the rule deems improper.” State v. Meik, 2024 UT App 46, ¶ 37 , 547 P.3d 878 (quotation simplified), cert. denied, 554 P.3d 923 (Utah 2024).

12025–2025
State v. Verde red
utah · 2012
2 sentences

2017If it does then the evidence is presumptively admissible (subject to rule 402 and 403 analysis). ¶59 We have suggested that an avowed proper purpose may be rejected as a pretext or ―ruse.‖ Verde, 2012 UT 60, ¶ 22 .

2017If it does then the evidence is presumptively admissible (subject to rule 402 and 403 analysis). ¶59 We have suggested that an avowed proper purpose may be rejected as a pretext or “ruse.” Verde, 2012 UT 60, ¶ 22 , 296 P.3d 673 .

12017–2017

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