It also sets forth a series of exceptions to the general rule. Acton v.
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That is the question presented under our rules of evidence. He says that B. And the judge who does so will be better-positioned to have his decision on admissibility of prior misconduct evidence affirmed on appeal. Deliran, P.
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Thornton never asked for the evidence to be considered separately. She was found nude and strangled Jan. So the question for us is not whether we would have admitted this evidence. Thornton claims that evidence of B. thorntln
A judge may make the right decision for a mistaken reason or no reasonfor example, and still be affirmed on appeal. Gopher Enters. The principal constitutional rights he cites are those protected by the Sixth Amendment to the United States Constitution. This was the avowed purpose of the prior misconduct evidence in this case. Our Verde decision was based on the law of preservation.
See Benson v. The trial judge concluded that the probative value of the b evidence in this case was not substantially outweighed by any of the listed considerations. The body was unclothed.
Cause of death not released. OSBI reports she died from physical trauma. She died of asphyxiation and was found nude.
No such forensic question was presented here. So the relationship between B. That is insufficient.
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Again, they prescribe only standards for admission or exclusion of evidence and do not generally speak to the form of analysis to be performed on the record in support of a decision on admissibility. For most decisions reviewed on appeal, the error, if any, is in making an incorrect decision on the operative question presented. And the question presented at trial was not who may have caused her to believe that she was. Hyman, a prostitute, was found nude and strangled, below a Tallahatchie Escorys bridge near Thkrnton, Miss.
The requirement of findings extends to criminal bench trials as well.
In reviewing a decision to admit evidence, there can be error only if the evidence should properly have been excluded. And we agree.
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It was whether Thornton perpetrated the sexual assaults charged by B. But that was never an issue at trial. Under this framework, the appellate court does not review the trial record in a search for an idealized paradigm of justice. She was a prostitute. And he contends that evidence of this relationship should thus have been admitted under the exception in rule b 1.
Because he was precluded from presenting that evidence, moreover, Thornton claims 18 Cite as: UT 9 Opinion of the Court that he was deprived of a fair trial as guaranteed by the Sixth Amendment. She was strangled.
See Townsend v. Her body was found off Interstate 40 in Texas, 45 miles west of the Oklahoma border.
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See id. As a threshold matter, we reiterate the deferential standard of review that applies to review of this kind of question. Relevance is a low bar. So we repudiate our caselaw to thormton extent it has so suggested. And we declined to consider an alternative ground for admission proffered for the first time on appeal—not preserved at trial and thus not ruled upon by the district court.
The careful trial judge will still proceed as outlined in our recent Lucero decision—marching through the standards set forth in rules b, andand presenting his analysis on the record. The sexual relationship between B. State v.
And it has deemed the Sixth Amendment to override rules of evidence or procedure. In a few isolated instances our law requires explicit findings or some other formal mode of analysis on the face of the record—and calls for reversal in the 4 See Peatross v.
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If it does then the evidence is presumptively admissible thoornton to rule and analysis. We conclude that it was. Thornton was strangled, and the cause of Alvis' death could not be determined at the time because her body had decomposed. We ask only whether the trial court committed a reversible error in resolving a question presented for its determination.
She was killed by a blow to the head. See Robert J. As a general rule, in other words, our appellate review is of operative decisions made by lower courts, not of the quality of the analysis employed in the course of such decisions.
But that possibility is not enough to dictate the exclusion of this evidence under rule b.