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Utah Supreme Court· 1/25/1991

State v. Wilcox

Citations

  • 808 P.2d 1028
  • 152 Utah Adv. Rep. 7
  • 1991 Utah LEXIS 2
  • 1991 WL 30385

How courts have described this case

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

  • holding that defendant charged with sexual abuse of a child failed to show specific harm as a result of the lack of exact dates and times because an alibi defense was not a realistic possibility given the circumstances of the case
  • stating that notice is constitutionally inadequate if the lack of specificity compromises the defense or makes the defendant vulnerable to multiple prosecutions for the same offense
  • stating that even when the state responds to the defendant's request with the best information it has, the court must determine whether the notice was constitutionally sufficient
  • acknowledging that Utah law is \less vigorous in requiring specificity as to time and place when young children are involved than would usually be the case where an adult is involved\
  • stating that an alibi defense is often not “a realistic 20170064-CA 17 2019 UT App 143 State v. Rhodes possibility” when a defendant has “continual contact” with a child victim over an extended period
  • indicating that \situations in which the abuse occurred on many occasions over a long period of time\ exacerbate the problem of young children who are unable to specify a date on which abuse occurred

Source: CourtListener parenthetical corpus (CC0).

Judges: Zimmerman, Stewart, Hall, Howe, Durham

Read full opinion on CourtListener

Cited by

41 cases in this archive cite this case; the 20 most cited are listed.

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

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