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STATE v. CUTTLER

No. 20130919.

367 P.3d 981 (2015)

2015 UT 95

STATE of Utah, Petitioner, v. James Robert CUTTLER, Respondent.

Supreme Court of Utah.

December 24, 2015.

Attorney(s) appearing for the Case

Sean D. Reyes , Att'y Gen., Jeffrey S. Gray , Asst. Att'y Gen., Salt Lake City, for petitioner.

Aaron P. Dodd , Provo, for respondent.

Kent R. Hart , Salt Lake City, for amicus Utah Association of Criminal Defense Lawyers.

Justice HIMONAS authored the opinion of the Court, in which Chief Justice DURRANT, Associate Chief Justice LEE, and Justice DURHAM joined.

INTRODUCTION

¶ 1 The State charged the defendant, James Cuttler, with vaginally raping and orally and anally sodomizing his then seven-year-old daughter. To bolster its case, the State sought to introduce evidence pursuant to rule 404(c) of the Utah Rules of Evidence that in 1984 and 1985 Cuttler...

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