Any other approach would greatly undermine the utility of the exception by causing valuable evidence to be excluded. Nonetheless, the jury apparently chose to accept Cannon's version of events, and no challenge to the sufficiency of the evidence supporting the verdict has been raised on appeal. Knight, P. It is only when there is such active participation, initiative or encouragement on the part of the defendant that he or she has in fact played a substantial part in inducing or causing one spouse's loss of the other spouse's affections, that liability arises. Thus, even when the interval between the event and the statement supports a presumption that the statement was not an excited utterance, that presumption may be rebutted by evidence showing the declarant did not engage in reflective thought before making the statement. This is because of the incendiary effect of the usual evidence in such cases. Chapman, 93 N. We were strongly urged to continue the old rule for the sake of consistency. City of Keokuk, N. The Bearbower majority opinion, N. One does not become liable for alienation of affections, without any initiative or encouragement, merely by becoming the object of the affections that are transferred from a spouse.
The Rhode Island statute referred to merely imposes a one-year statute of limitations for such actions, and was last amended in , two years before Bearbower. Gentry, P. Court of Appeals of Utah. See, e. Recently, Washington became the first state to judicially abolish the action for alienation of a spouse's affection. Sex on the links: We early allowed money compensation for mental pain as a component of damages for a physical impact tort. The majority opinion highlights eighteen states in which alienation actions have been abolished by statute, one state that has abolished the cause of action by judicial pronouncement, and one state in which the cause of action never has existed. This is not a gloating sexist sneer. Leonard argued , Asst. The development of the common law includes the elimination of antiquated rights and remedies, and I am satisfied that the action abrogated today clearly falls within that class.
Griffiths, P. Kaytso, P. For the purpose of attacking credibility of a witness, evidence that he has been convicted of a crime shall be admitted if elicited from him or established by public record during cross-examination but only if the crime 1 was punishable by death or imprisonment in excess of one year under the law under which he was convicted, and the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the defendant, or 2 involved dishonesty or false statement, regardless of the punishment. When appellant did not exit, Cannon looked into the room through the open doorway. Collection Service Co. Wallace, 15 Wash. Appellant now challenges this ruling, insofar as the court interpreted Rule 16 a 5 's "good cause" element to require defense counsel, as a prerequisite to gaining access to the conviction records of any State witnesses, to 1 identify particular witnesses for whom records are requested, and 2 set forth reasonable grounds for believing those witnesses had criminal histories. Merry, N. State of Utah, P. Court of Appeals of Utah. Moreover, the Federal Circuit Courts of Appeal also apply the abuse of discretion standard under the identical Federal Rule of Evidence 2. Four states employ more difficult burdens of proof. The trial judge admitted the testimony on the ground that the declarant's statements came under the excited utterance exception pursuant to Utah R. I subscribe to the views expressed in the dissenting opinion in Bearbower v. They may have reasoned Kathleen's views were not shared by her twenty-year-old sister and her sixteen-year-old brother, who chose to remain with their father. Thus, appellant concludes, the court erred in accepting W. Harmon, N. However, as the court observed in Ramirez, it is not at all unusual for the applicable legal standard of admissibility to vest a measure of discretion in the trial court, by making the court's legal analysis contingent upon the resolution of certain predicate factual issues. The City of Council Bluffs, 35 Iowa , Jack B. In Cannon v. Recently, Washington became the first state to judicially abolish the action for alienation of a spouse's affection. However, the issue of whether impeachment evidence should be considered "exculpatory" under Brady has never been addressed in Utah, and has not been resolved with any great consistency by other jurisdictions. Poulos, Mass. We recognize violation of the intangible right of privacy as an actionable tort. Thus, a majority of courts would apparently have accepted W.
Although we recognize the policies underlying the majority approach, we are nonetheless somewhat troubled by the approach's circular and self-fulfilling "bootstrapping. Thus, it clearly was not an attempt to gain possession of specific records the defense already knew to exist. I concur with the majority but write separately to clarify the standard of review on the admissibility of hearsay evidence under the excited utterance exception. In the instant case, appellant stated at the motion hearing that "we request [the conviction records] simply because some prior convictions would be admissible in terms of impeachment of the credibility of the witness. But, as our majority opinion in Bearbower noted: As Amended May 6, Washington has abolished the right by judicial pronouncement. Nutt testified that W. Wright, Iowa , , N. However, as the court observed in Ramirez, it is not at all unusual for the applicable legal standard of admissibility to vest a measure of discretion in the trial court, by making the court's legal analysis contingent upon the resolution of certain predicate factual issues. Ramirez, P. However, Brady is not of use when a defendant seeks access to nonexculpatory information, or when, as here, the law is unclear as to whether the information sought falls within the ambit of Brady. In certain situations, the stress of an event may affect the declarant's mind long after the event itself has transpired. Daniel O'Connell's Sons, Inc. Paul Van Dam, Atty. There is also some suggestion that abolition of the suit is out of step with our pronouncements affirming a right to recover for loss of consortium.
Thus, the trial court's finding that the molestation had indeed occurred might be viewed as improperly removing the decisive factual determination from the province of the jury. One who purposely alienates one spouse's affections from the other spouse is subject to liability for the harm thus caused to any of the other spouse's legally protected marital interests. Or will their inevitable failure reinforce, in a negative fashion, that there are undeniable physiological and social differences between the sexes? See Edward W. Superior Court, 20 Cal. In recognition of this fact, courts have generally been willing to characterize statements as products of exciting occurrences despite a significant lapse in time between the event and the statement, so long as adequate evidence suggests the declarant was still under the stress of the event at the time the statement was made. He claims that since, at the time W. Knill, P. Four states employ more difficult burdens of proof. Accordingly, we decline to infer harmless error from the prosecution's failure to disclose any criminal records in this case. The court stated that this "determination rests in the sound discretion of the trial court. Seventeen were brought by the wife against one or both of the husband's parents. Two other justifications are urged in favor of retaining alienation suits. Ramirez, P. Nonetheless, by requiring defendants to make this preliminary showing of materiality, Cannon also effectively protects the State and the court from irrelevant and vexing discovery requests. Chang, P. Paul Van Dam, Atty.
Cannon stated that, after observing this activity for several minutes, he rushed into the room and yelled at appellant, at which time appellant pulled the bed covers over W. Since the prosecution did not disclose any criminal records to the defense in the instant case, it might be appropriate to conclude, absent some showing to the contrary, that the prosecution possessed no exculpatory records with regard to any material witnesses. We were strongly urged to continue the old rule for the sake of consistency. Neither are there separate facilities for women of differing skin pigmentation. Considered en banc. In Wardlow v. However, the issue of whether impeachment evidence should be considered "exculpatory" under Brady has never been addressed in Utah, and has not been resolved with any great consistency by other jurisdictions. State of Utah, P. In short, given the record before us, we are unable to determine whether criminal records exist which, if disclosed, may have had a significant impact upon the trial such that their nondisclosure constitutes prejudicial error. This "clear error" line of authority in Cude can be traced directly back to the case of State v. Hill v. The admissibility of evidence is a question of law. Accordingly, we generally grant no deference to a trial court's decision on that issue, but review it for correctness. The right to recover for loss of consortium is a factor in assessing damages when underlying liability has been established in a personal injury suit. Holloway, S. Iowa State Highway Commission, N. Defense counsel objected to the testimony on the ground that, since W.
See Charles Gabus Ford, Inc. Appellant maintains that when a significant period of time separates the occurrence of a startling event from the utterance of a statement describing or otherwise relating to that event, a court should be unwilling to view the statement as an excited utterance for purposes of Rule 2. Under the specific facts of this case, however, we believe the State introduced adequate evidence to rebut that presumption. The court's finding on this issue thus constitutes a subsidiary factual determination and is reviewed under the deferential "clearly erroneous" standard. Brown, So. Maryland, U. While, in the instant case, we conclude the trial court misinterpreted the "good cause" provision of Rule 16 a 5 , we are unable to determine the harmfulness of that misinterpretation, as appellant has failed, albeit through no fault of his own, to identify any prejudice to his case as a result of the court's error. There is also some suggestion that abolition of the suit is out of step with our pronouncements affirming a right to recover for loss of consortium. John T. We reject appellant's challenge to the admissibility of W. See Eldredge, P. Rehearing Denied May 7, Human experience is that the affections of persons who are devoted and faithful are not susceptible to larcenyno matter how cunning or stealthful. We have held a plaintiff could sue for damages for emotional distress arising from breach of a funeral service contract. Or the jury may have concluded Kathleen was merely attempting to justify her action in running away from home at age seventeen to live in her boyfriend's Minnesota home. The Rhode Island statute referred to merely imposes a one-year statute of limitations for such actions, and was last amended in , two years before Bearbower. We have become convinced that there is inherent and fatal contradiction in the term "alienation of affections. Further, while the prosecution can usually procure any criminal records it desires, the defense's requests for disclosure under Rule 16 a 5 must be accompanied by a showing of "good cause. In view of the well-established body of state and federal law regarding the standard of review for evidentiary rulings of this type, it is "clear error" for the majority to adopt and apply the Ramirez dicta as the correct standard. The admissibility of evidence is a question of law. Lagomarcino-Grupe Company, Iowa , , N. Further, while defendants may subpoena criminal records under Utah R. The assertion the result is mandated by "human experience" is a mere distillation of individual subjective reactions. But juries necessarily face that first determination after learning of conduct of which they strongly disapprove and which society condemns. Stare decisis is a valuable legal doctrine which lends stability to the law, but it should not be invoked to maintain a clearly erroneous result simply because that's the way it has been in the past. Appellant claims that since, in the instant case, the very records sought provided the only reasonable means by which the defense could learn whether any State witnesses had criminal histories, and thereby learn of any fertile ground for impeachment, these two conditions constituted an unreasonable bar to discovery.
Hill v. Accordingly, we decline to infer harmless error from the prosecution's failure to disclose any criminal records in this case. Paul Van Dam, Atty. I believe that the majority's broad reading of footnote dicta in State v. For example, in United States v. Golden, F. Fontana, P. The majority excuses the jury's perceived collapse when confronted by these issues on the ground the theory of recovery is "flawed" because it is rooted in property rights. The City of Council Bluffs, 35 Iowa , The Court stated: See Bearbower, N. Schmit, Iowa , , 78 N. Waechter, Iowa , , N.
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