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STATE v. CLOPTEN

No. 20080631.

223 P.3d 1103 (2009)

2009 UT 84

STATE of Utah, Plaintiff and Respondent, v. Deon Lomax CLOPTEN, Defendant and Petitioner.

Supreme Court of Utah.

December 18, 2009.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Jeffrey S. Gray, Asst. Att'y Gen., for plaintiff.

Michael D. Zimmerman, Troy L. Booher, Katherine Carreau, Engels Tejeda, Salt Lake City, for defendant.

On Certiorari to the Utah Court of Appeals

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 Defendant, Deon Lomax Clopten, appeals his conviction for murder on grounds that the trial court abused its discretion when it excluded expert testimony regarding the reliability of eyewitness identification. Following existing Utah precedent, the court of appeals affirmed Clopten's conviction while inviting this court to revisit our position on the admissibility...

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