State v. Bozung, 2011 UT 2

245 P.3d 739 (Utah 2011) · Supreme Court of Utah · January 7, 2011 · No. No. 20080480

Summary

The Supreme Court of Utah held that Utah Rule of Criminal Procedure 24 governs posttrial motions for a new trial and does not apply to pretrial motions to reopen or rehear evidentiary matters. The court held that trial courts have discretion to reconsider pretrial evidentiary rulings, including suppression rulings, and should consider the totality of the circumstances and relevant nonexclusive factors. The court reversed and remanded for reconsideration of the State's motion to reopen the suppression hearing.

Court
Supreme Court of Utah
Writing for the Court
Chief Justice Durham; Associate Chief Justice Durrant; Justice Parrish; Justice Nehring; Justice Wilkins; Judge John Paul Kennedy
Jurisdiction
Utah
Decision date
January 7, 2011
Docket number
No. 20080480
Procedural posture
The State appealed from the district court's dismissal of the criminal case after the court suppressed the defendant's statements and denied the State's motion to reopen the suppression hearing.
Standard of review
The applicability of Utah Rule of Criminal Procedure 24 and whether it precluded rehearing presented questions of law reviewed for correctness. The decision whether to grant a pretrial motion to rehear an evidentiary matter is within the district court's broad discretion.
Precedential value
published precedential opinion
Parties
State of Utah v. Gareth Bozung
Disposition
reversed_and_remanded

Topics

suppression of evidencemiranda rightscriminal procedureappellate procedurestandard of review

Practice areas

criminal procedureconstitutional criminal procedureappellate procedureevidence

Questions Presented

  1. Whether Utah Rule of Criminal Procedure 24 governs a pretrial motion to reopen or rehear an evidentiary ruling on a suppression motion.
  2. Whether a district court has discretion to grant a pretrial motion to rehear a suppression matter and receive additional evidence that was not presented at the initial hearing.
  3. What factors should guide the district court's exercise of discretion on a pretrial motion to rehear an evidentiary matter.
  4. Whether Bozung was adequately informed of and waived his Miranda rights.

Holdings

  1. Rule 24 applies to posttrial motions for a new trial, and it does not govern a pretrial motion to reopen or rehear an evidentiary ruling that does not itself preclude trial.
  2. A district court has broad discretion to grant or deny a pretrial motion to rehear an evidentiary matter and may reopen a suppression hearing even when the proposed evidence is not newly discovered.
  3. A district court's decision whether to grant a pretrial motion to rehear an evidentiary matter should be based on the totality of the circumstances and may consider nonexclusive relevant factors, including the reason evidence was omitted, the nature of the omission, legality of the evidence, likely effect, prejudice, prosecutorial experience, nature of the case, seriousness of concerns about the prior ruling, timeliness, and docket-control interests.

Key quotations

District courts have discretion to determine whether to grant pretrial motions to rehear an evidentiary matter, and should generally use this discretion liberally to allow the whole case to be presented. (¶ 8)
The district court had broad discretion to determine whether or not to grant the State's motion to rehear the Defendant's suppression motion. (¶ 18)

Factual background

Joshua Ruzicka died from a drug overdose, and Gareth Bozung reported finding him. After Bozung was later arrested on unrelated drug charges, a detective interviewed him about Ruzicka's death. Bozung made oral and written statements admitting that he sold heroin to Ruzicka, after which he moved to suppress the statements on the ground that he had not been adequately advised of or knowingly waived his Miranda rights. The State sought to reopen the suppression hearing to present testimony from the arresting officers concerning an earlier Miranda warning.

Procedural history

The district court granted Bozung's motion to suppress his oral and written statements based on inadequate Miranda warnings and lack of a knowing waiver. Before final judgment, the State moved to reopen the suppression hearing to present testimony from officers who had previously advised Bozung of his rights. The district court denied the motion under Utah Rule of Criminal Procedure 24, concluding that it lacked discretion absent newly discovered evidence, and then granted the State's motion to dismiss. The Utah Supreme Court reversed and remanded for reconsideration of the motion to reopen.

Remand instructions

The district court must reconsider the State's motion to reopen the suppression hearing, applying its broad discretion, the totality of the circumstances, and any relevant nonexclusive factors identified in the opinion.

Court Document

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