Utah Supreme Court
Did Utah abandon the doctrine of chances for other-acts evidence? State v. Green Explained
Summary
Torrey Green was convicted of sexually assaulting six women after the district court consolidated six separate cases and admitted other-acts evidence under the doctrine of chances. Green argued the doctrine lacks adequate safeguards and challenged various evidentiary rulings and his counsel’s effectiveness.
Analysis
In a significant shift for Utah evidence law, the Utah Supreme Court in State v. Green abandoned the doctrine of chances framework that has guided analysis of other-acts evidence for over a decade. The court returned to a plain-text application of the Utah Rules of Evidence for determining admissibility of evidence under Rules 402, 403, and 404(b).
Background and Facts
Torrey Green was charged with sexually assaulting seven women during his time as a Utah State University football player. Six cases were consolidated for trial after the district court admitted other-acts evidence from all victims under the doctrine of chances and Rule 404(b). The State argued this evidence rebutted Green’s defense that the women fabricated their allegations for various reasons including money, attention, and academic accommodations. Green was convicted on eight counts and acquitted of four.
Key Legal Issues
Both Green and the State urged the court to overturn the doctrine of chances precedent, arguing it was unpersuasive and unworkable. The court also addressed hearsay challenges, ineffective assistance of counsel claims, and cumulative error arguments. Green specifically challenged his attorney’s decision to consolidate the cases and failure to object to various evidence.
Court’s Analysis and Holding
The court concluded the doctrine of chances had “proven to be more confusing than helpful” and created “more harm than good.” The court emphasized that “the rules of evidence represent the primary law of evidence” and that courts are bound by their text. Under Rules 404(b), 402, and 403, other-acts evidence is admissible if it: (1) is relevant to (2) a proper, non-character purpose, and (3) does not pose unfair prejudice that substantially outweighs probative value. The court found the other-acts evidence was properly admitted to rebut fabrication claims.
Practice Implications
This decision fundamentally changes how practitioners approach other-acts evidence in Utah courts. Rather than navigating the doctrine of chances’ complex requirements of materiality, similarity, independence, and frequency, attorneys must now focus on the straightforward text of the Rules of Evidence. The court’s analysis demonstrates that prior consistent statements under Rule 801(d)(1)(B) need only rebut one alleged motive for fabrication, not every possible motive suggested by defense counsel.
Case Details
Case Name
State v. Green
Citation
2023 UT 10
Court
Utah Supreme Court
Case Number
No. 20190336
Date Decided
June 1, 2023
Outcome
Affirmed
Holding
The Utah Supreme Court abandons the doctrine of chances in favor of plain-text application of the Utah Rules of Evidence for analyzing other-acts evidence under Rules 402, 403, and 404(b).
Standard of Review
Abuse of discretion for evidentiary rulings; correctness for whether the district court applied the proper legal standard in assessing admissibility of evidence; question of law for ineffective assistance of counsel claims
Practice Tip
When challenging other-acts evidence admission, focus arguments on the plain text of Rules 402, 403, and 404(b) rather than the now-abandoned doctrine of chances framework.
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