State v. Black
| Decision Date | 12 February 2015 |
| Docket Number | No. 20130535–CA.,20130535–CA. |
| Citation | 344 P.3d 644,2015 UT App 30 |
| Parties | STATE of Utah, Plaintiff and Appellant, v. Michael S. BLACK and Alta Marie Black, Defendants and Appellees. |
| Court | Utah Court of Appeals |
Sean D. Reyes and Jeanne B. Inouye, Salt Lake City, for Appellant.
John Walsh, for Appellee, Michael S. Black.
Grant W.P. Morrison, Salt Lake City, for Appellee, Alta Marie Black.
Opinion
¶ 1 Seven months after a jury returned guilty verdicts against Michael S. Black and Alta Marie Black, the district court arrested judgment, dismissed the charges, and acquitted the defendants based upon newly available testimony presented at trial.1 We conclude that the district court lacked the authority to acquit the defendants and that its order was in effect an arrest of judgment. We conclude that the district court erred in arresting judgment, because a district court may only consider the facts proved or admitted at trial to determine whether they constitute a public offense. We further conclude that the district court erred by dismissing the charges, because it based that decision on its own reassessment of witness credibility in light of new testimony. The State concedes that the defendants should be granted a new trial based upon the now-available evidence. We reverse the district court's arrest of judgment, dismissal of charges, and order of acquittal. We remand the case to the district court to consider the motion for new trial in light of the State's concession.
¶ 2 We recite the facts in the light most favorable to the jury's verdict, and we present conflicting evidence as necessary to understand issues raised on appeal. State v. Heaps, 2000 UT 5, ¶ 2, 999 P.2d 565 ; State v. Melancon, 2014 UT App 260, ¶ 3, 339 P.3d 151.
¶ 3 The State accused Michael S. Black and Alta Marie Black (Defendants) of committing a number of financial misdeeds arising out of a series of real estate transactions. The State brought fourteen charges against Defendants, alleging that they had misused funds entrusted to them by a would-be homebuyer (Homebuyer).
¶ 4 In 2005, Homebuyer had paid a $60,000 deposit toward the purchase of a house and began making monthly payments. Later, Homebuyer asked Defendants to help her complete the house purchase and entrusted $180,400 to them for that purpose. On September 22, 2008, Alta Marie Black and a title agent (Title Agent) came to Homebuyer's residence. Homebuyer signed documents that relinquished her interests in the $60,000 and in the house to Defendants.2 Defendants then resold the house, claiming that it would help Homebuyer buy a different house. Homebuyer received no more than $6,000 from the transaction.
¶ 5 At trial, Homebuyer testified about the September 22, 2008 meeting. She stated that she had been ill and vomiting. According to Homebuyer, Alta Marie Black and Title Agent arrived with documents and would not leave until Homebuyer signed all of them. Homebuyer testified that she had not seen the documents before and did not know what she was signing. Homebuyer claimed that Alta Marie Black told her that she was going to get her money back. Homebuyer also testified that because she could not see well that day, Alta Marie Black and Title Agent put Homebuyer's fingers on the signature lines to help her sign the documents.3
¶ 6 At the close of the State's case, Defendants moved for a directed verdict. The court denied the motion. After the defense presented its case, the jury returned guilty verdicts against Defendants.4 A week after trial, Defendants filed a motion for judgment notwithstanding the verdict regarding one of the counts and a motion for new trial. Those motions focused on an exhibit that the State had introduced at trial.
¶ 7 Several months later, but before sentencing, Defendants filed a supplemental memorandum to the motion for new trial. Defendants also filed a motion to arrest judgment. Defendants argued that the State had withheld or concealed exculpatory evidence—Title Agent's testimony—by convincing Title Agent that she could be prosecuted for talking to Defendants or their attorneys.
¶ 8 During the investigation of the case, the State had subpoenaed Title Agent. At that time, the State's investigator told Title Agent that she could not disclose the existence of the subpoena to anyone outside the title company. Based on this conversation, Title Agent believed that she was forbidden from discussing the case with Defendants or their attorneys.5 When the State subpoenaed her to testify at trial, Title Agent reported that she had suffered a brain injury
and would be unable to testify because of the medication she had been prescribed. The trial was later postponed, but neither side subpoenaed Title Agent to testify at the rescheduled trial. After the trial, Defendants' attorneys subpoenaed Title Agent. Title Agent contacted the prosecutor to ask whether she could respond. According to Title Agent, the prosecutor told her that “it was a free world” and that there was never a “gag order.” Defendants' attorneys then deposed Title Agent.
¶ 9 Based upon her deposition testimony, the district court ordered a post-trial evidentiary hearing to permit Title Agent to testify about the September 22, 2008 meeting with Homebuyer. There, Title Agent testified that she had discussed the documents with Homebuyer, that Homebuyer did not ask for more time to review the documents, and that Title Agent had not refused to leave until the documents were signed. Title Agent also testified that she had not heard Alta Marie Black refuse to leave until the documents were signed.
¶ 10 The district court determined that Title Agent's testimony “seriously undermines the testimony ... and credibility of a very critical State's witness that a lot of this evidence balanced upon.” The court continued, “I find [Title Agent] undermines the veracity of [Homebuyer's] claim that she didn't enter into this real estate transaction knowingly, voluntarily, that her mind wasn't clear that day, that she hadn't had everything explained to her.” Viewing the evidence in the light most favorable to the State's case and the jury's verdict, the district court found that there was “good cause to believe that a theft here was not committed” and that the other crimes charged relied upon a finding of theft. Accordingly, the district court arrested judgment, dismissed all of the charges against Defendants, and ordered Defendants acquitted. The State appeals.
¶ 11 The State challenges the district court's decision to acquit Defendants, arrest judgment, and dismiss the charges. We review the district court's decision to acquit a defendant after a jury has returned a guilty verdict for correctness. See State v. Myers, 606 P.2d 250, 252 (Utah 1980).
¶ 12 A district court “may arrest a jury verdict when the evidence, viewed in the light most favorable to the verdict, is so inconclusive or so inherently improbable as to an element of the crime that reasonable minds must have entertained a reasonable doubt as to that element.” State v. Bolson, 2007 UT App 268, ¶ 10, 167 P.3d 539 (citation and internal quotation marks omitted). Accordingly, we review the district court's decision to arrest judgment for correctness.
¶ 13 A district court's determination that the evidence presented at trial “is not legally sufficient to establish the offense charged,” see Utah R.Crim. P. 17(p), is a legal determination, which we review for correctness, see State v. Hamilton, 2003 UT 22, ¶ 17, 70 P.3d 111.
¶ 14 The State first argues that the district court erred in characterizing its action as an acquittal. The district court ordered “that Alta Black and Michael Black are acquitted of all charges filed in this matter.” “In Utah, a judge may not acquit a defendant after a jury returns a guilty verdict.” State v. Larsen, 834 P.2d 586, 589 (Utah Ct.App.1992). Indeed, this court has noted that there “is no rule ... that allows a judge, who is not the trier of fact, to acquit a defendant following a jury verdict of guilty.” Id. The Utah Supreme Court has explained that when “there has been a trial by jury, the [S]tate, as well as the defendant, is entitled to the benefit of the findings and the verdict of the jury.”State v. Myers, 606 P.2d 250, 251 (Utah 1980).
¶ 15 “[T]he label attached to a ruling by a trial judge is not determinative of whether the termination of a criminal prosecution is an acquittal.” State v. Musselman, 667 P.2d 1061, 1064 (Utah 1983). In Larsen, we distinguished between an acquittal (which requires a finding that the evidence was insufficient to enable the jury to convict) and an arrest of judgment (which allows the district court to determine whether the facts established at trial actually demonstrate prohibited conduct). Larsen, 834 P.2d at 590 ; see also Utah R.Crim. P. 23 (). The district court in Larsen, like the district court here, denied a motion for directed verdict at the close of the State's case, finding that the evidence presented was sufficient to support a guilty verdict. Larsen, 834 P.2d at 590. We conclude, as we did in Larsen, that the post-verdict order was in substance an arrest of judgment and not an acquittal.6 See id.
¶ 16 The State next contends that the district court erred by arresting judgment. The arrest-of-judgment rule provides that a district court may “arrest judgment if the facts proved or admitted do not constitute a public offense, or the defendant is mentally ill, or there is other good cause for the arrest of judgment.” Utah R.Crim. P. 23. The State argues that it was improper for the court to find that the evidence, including testimony not presented at trial, did...
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