State v. Archibeque
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The Supreme Court held in this interlocutory appeal that the district court may not judge the sufficiency of the defendant's showing necessary to overcome a motion to quash based solely on an in camera proffer without first affording the State an opportunity to respond.
Defendant was charged with seven felony charges for an alleged pattern of sexual abuse in connection with A.W. over the course of several years while Defendant was A.W.'s pastor. Defendant denied the charges and served A.W. with a subpoena to appear and testify at his preliminary hearing. A.W. moved to quash the subpoena. Defendant moved to make the showing necessary to overcome the motion to quash in camera and only in the district court. The district court granted the motion. The Supreme Court reversed, holding that Defendant must make his proffer under State v. Lopez, 474 P.3d 949 (Utah 2020), in open court, giving the State an opportunity to respond.
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