State of Utah v. Christian E. Poole : Brief of Appellant

Utah Court of Appeals

Original Brief Submitted to the Utah Court of Appeals; digitized by the Howard W. Hunter Law Library, J. Reuben Clark Law School, Brigham Young University, Provo, Utah; machine-generated OCR, may contain errors.
Attorney Generals Office; Attorney for Appellee.
David M. Perry; Attorney for Appellant.

Abstract

THIS APPEAL IS FROM AN ADVERSE RULING OF MOTION IN LIMINE MADE BY THE STATE TO ALLOW THE CHILDREN JUSTICE CENTER VIDEO INTERVIEW OF THE VICTIM INTO EVIDENCE WHEN THE VICTIM REFUSED TO TESTIFY IN COURT. THE APPELLANT ENTERED A SERY PLEA AND RESERVED THE RIGHT TO APPEAL THIS ISSUE. HE WAS SUBSEQUENTLY SENTENCED ON THREE COUNTS OF RAPE OF A CHIID, FIRST DEGREE FELONIES, AND WAS SENTENCED TO AN INDETERMINATE TERM OF NOT LESS THAN SIX YEARS AND WHICH MAY BE FOR LIFE AT THE UTAH STATE PRISON IN THE FIRST JUDICIAL DISTRICT IN AND FOR THE COUNTY OF CACHE, STATE OF UTAH; THE HONORABLE GORDON LOW PRESIDING. DEFENDANT IS CURRENTLY INCARCERATED IN THE UTAH STATE PRISON. DEFENDANT REQUEST ORAL ARGUMENT