Summary
The Utah Supreme Court considers whether time-barred criminal acts may be used as evidence to establish a pattern of unlawful activity under Utah’s Pattern of Unlawful Activity Act. The court holds that the statute permits reliance on such acts, reasoning that otherwise the Act’s five-year lookback provision would be rendered meaningless. The court reverses the district court’s evidentiary ruling and remands the case.
Holdings
- The Pattern of Unlawful Activity Act permits the State to base a pattern of unlawful activity on crimes for which the statute of limitations has expired.
- The court disavowed the sentence in State v. Kay that could be read to prohibit using untimely predicate acts to establish a pattern of unlawful activity.
Questions Presented
- Whether Utah's Pattern of Unlawful Activity Act permits the State to use evidence of individual criminal acts that are barred by the applicable statute of limitations to establish a pattern of unlawful activity.
Disposition
reversed_and_remanded
Cases Cited (9)
- State v. Taylor, 2015 UT 42, 349 P.3d 696(followed for the proposition that securities fraud is not a continuing offense; distinguished as not resolving the predicate-act issue)
- State v. Kay, 2015 UT 43, 349 P.3d 690(limited and disavowed in part)
- Marion Energy, Inc. v. KFJ Ranch P'ship, 2011 UT 50, 267 P.3d 863(followed)
- Turner v. Staker & Parsons Cos., 2012 UT 30, 284 P.3d 600(followed)
- Anderson v. Bell, 2010 UT 47, 234 P.3d 1147(followed)
- State v. Crank, 142 P.2d 178 (Utah 1943)(distinguished)
- State v. Jackson, 2011 UT App 318, 263 P.3d 540, cert. denied, 272 P.3d 168 (Utah 2012)(followed)
- Oliver v. Utah Labor Commission, 2017 UT 39(followed)
- In re J.M.S., 2011 UT 75, 280 P.3d 410(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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