State v. Boyd

Summary

The Utah Supreme Court affirmed Tyrone T. Boyd’s rape conviction arising from an incident at an underage party. The court rejected challenges concerning sufficiency of the evidence, the absence of a court reporter, admission of nickname and conduct evidence, a motion for a new trial, sentencing to a lower degree of offense, and exclusion of evidence concerning the victim’s sexual conduct. The court held that although evidence of another potential source of physical evidence could fall within Utah Rule of Evidence 412(b)(1), its exclusion was not reversible error under Rule 403.

Holdings

1. The evidence was sufficient to support the rape conviction because competent evidence, including S.B.'s testimony and corroborating physical and emotional evidence, supported each element of the offense beyond a reasonable doubt.
2. The trial court erred by failing to provide an official court reporter for a first-degree-felony trial in a computer-integrated courtroom, but the error was harmless and did not require reversal.
3. The trial court did not abuse its discretion in admitting evidence concerning Boyd's and his companions' nicknames, dancing, and chanting because the evidence was relevant background to the charged rape and its probative value was not substantially outweighed by unfair prejudice.
4. The trial court did not abuse its discretion by denying a new trial based on alleged posttrial statements that S.B. said the intercourse was consensual.
5. The trial court did not abuse its discretion in refusing to enter a judgment of conviction for a lower degree of offense under Utah Code section 76-3-402(1).
6. Evidence that S.B. had intercourse with another person earlier that evening fit the specific-source exception in Utah Rule of Evidence 412(b)(1), but the trial court properly excluded it under Rule 403 because its probative value was substantially outweighed by its prejudicial and confusing effects.
7. Neither S.B.'s statement about Boyd taking something from her nor Dr. Larsen's testimony that he believed S.B. was a virgin waived S.B.'s protection under Rule 412.
8. The trial court did not plainly err by failing to advise the jury that it could adjourn deliberations for the evening.

Questions Presented

1. Whether the evidence was sufficient to support Boyd's rape conviction.
2. Whether the absence of a court reporter during the first-degree-felony trial required reversal.
3. Whether evidence concerning Boyd's and his companions' nicknames, dancing, and chanting was improperly admitted under the relevance and unfair-prejudice rules.
4. Whether the trial court abused its discretion by denying Boyd's motion for a new trial based on newly discovered evidence.
5. Whether the trial court erred in denying Boyd's motion for conviction of a lower degree of offense under Utah Code section 76-3-402(1).
6. Whether the trial court erred by refusing to permit a testimonial proffer of evidence concerning S.B.'s past sexual conduct.
7. Whether evidence that S.B. had sexual intercourse with another person earlier that evening was admissible under Utah Rule of Evidence 412 or whether the State waived the rule's protection.
8. Whether the trial court plainly erred by failing to advise the jury that it could adjourn deliberations for the evening.

Disposition

affirmed