State v. Couch, 635 P.2d 89 (Utah 1981)

Stone River Law – Criminal Defense Team

HERE FOR YOU WHEN IT MATTERS.


Relevant Issue

When must a court further define terms of common usage given in a jury instruction?

Facts

After a drinking party together, Couch stated he would drive the victim to their home. Couch however drove past the victimโ€™s home, to the victimโ€™s protest, and eventually stopped down a deserted dirt road. Couch forcibly raped the victim and put his mouth on the victimโ€™s breast and vagina.

Couch was charged with aggravated sexual assault, forcible sodomy, and kidnapping. During jury deliberation at trial the jury asked the judge to define the term โ€œgenitalsโ€ as used in the statutory instruction for forcible sodomy. The judge refused the juryโ€™s request and Couch was convicted of all charges. Couch appealed his conviction, arguing in part that the sodomy conviction should be vacated due to the judgeโ€™s refusal to define a term of common usage.

Rule

When a jury requests a definition of a term critical to the meaning of a criminal statute the trial judge must provide the requested definition.

Analysis

The Court prefaced their analysis by stating that โ€œIt is normally unnecessary and undesirable for a trial judge to volunteer definitions of terms of common usage for the jury.โ€ The Court will presume that jurors have ordinary intelligence and understand the meaning of ordinary words. This presumption shifts, however, when a jury requests a definition of a term used in an instruction. The Court referenced the United States Supreme Courtโ€™s decision in Bollenbach v. U.S. which stated, โ€œWhen a jury makes explicit its difficulties a trial judge should clear them away with concrete accuracy.โ€

The Court noted that while there is risk that โ€œsupplying a definition will โ€˜obfuscate the normal interpretation of familiar words,โ€™ where a jury at its own insistence requests the definition of a term whose understanding is essential to a proper application of the law, the trial judge must provide the requested definition.โ€

The Court reasoned that in Couchโ€™s situation members of the jury may have been in conflict over whether Couch put his mouth on the victimโ€™s breast but not vagina, or vice-versa. Clarification of the term โ€œgenitalsโ€ in the forcible sodomy statute would have clarified that genitals does not include the female breast but includes the vagina.

Holding

The Court held that because the term โ€œgenitalsโ€ was crucial to the forcible sodomy statute, and the jury requested its further definition, the court committed reversible error by not defining the term. The Court remanded Couchโ€™s case for a new trial.