Skip to main content
· 8/24/1989

State v. Dibello

Citations

  • 780 P.2d 1221
  • 115 Utah Adv. Rep. 20
  • 1989 Utah LEXIS 92
  • 1989 WL 98829

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that issue not properly preserved for appeal where defense fails to make objection to remarks at trial
  • holding that the portion of a video recording that lingered on the deceased's body should not have been admitted because the cause of death had been established, but concluding that the admission of the video was harmless
  • explaining that such evidence \is uniquely subject to being used to distort the deliberative process and skew a trial's outcome\
  • holding that “the gruesome portion of the videotape”—showing close-up shots of the victim’s “stab wounds in her chest, her slit throat, and her beaten face,” as well as her blood-covered neck, shoulders, and blouse—“should have been excluded under rule 403”
  • noting that evidence must be such as would allow \a reasonable jury [to] find that the elements of the crime had been proven beyond a reasonable doubt\
  • noting that trial court abused its discretion in admitting color videotape

Source: CourtListener parenthetical corpus (CC0).

Judges: Zimmerman, Hall, Howe, Stewart, Durham

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.