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STATE v. LEBER

No. 20070820.

216 P.3d 964 (2009)

2009 UT 59

STATE of Utah, Plaintiff and Respondent, v. Kenneth Anthony LEBER, Defendant and Petitioner.

Supreme Court of Utah.

September 4, 2009.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Marian Decker, Asst. Att'y Gen., Salt Lake City, for plaintiff.

Troy L. Booher, Katherine Carreau, Briant Platt, Salt Lake City, for defendant.

On Certiorari to the Utah Court of Appeals

PARRISH, Justice:

INTRODUCTION

¶ 1 Petitioner Kenneth Leber was convicted by a jury of second degree felony child abuse pursuant to Utah Code section 76-5-109(2)(a). Leber appealed his conviction and sought a new trial based in part on a theory that the trial court abused its discretion by admitting evidence of Leber's prior bad acts under rule 404(a) of the Utah Rules of Evidence. The court of appeals...

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