Tyler Robinson - Defense Reply ISO Motion in Limine to Preclude Hearsay at Preliminary Hearing
Defense reply supporting its motion in limine to bar the State from using Utah Constitution article I, section 12 and Utah Rule of Evidence 1102 to admit hearsay to establish probable cause at the preliminary hearing. The defense argues those provisions violate the Sixth, Eighth, and Fourteenth Amendments and the Confrontation Clause.
Key excerpts
Page 10
“Utah Constitution, Article 1, Section 12 and Rule 1102 violate Mr. Robinson’s Sixth Amendment Right to the Effective Assistance of Counsel.”
Page 27
“Article 1, Section 12 and Rule 1102 Violate the Due Process Clause of the Fourteenth Amendment Because They Establish an Unconstitutional Mandatory Presumption of Reliability for an Overbroad Range of Hearsay Evidence.”