From Cedar City v. McCraw, decided last week by the Utah Court of Appeals (Judge Michele M. Christiansen Forster, joined by Judges Gregory K. Orme and David N. Mortensen):
In October 2021, McCraw and her girlfriend, Victoria [a pseudonym], argued inside their shared residence located in Cedar City, Utah. The dispute escalated to the point that McCraw threw and shattered plates on the floor in front of Victoria's young child. The City charged McCraw in the Iron County Justice Court with criminal mischief and domestic violence in the presence of a child; the case was later transferred to the Fifth District Court.
The bench trial was continued once and reset. When the trial was finally convened, McCraw did not appear. Counsel briefly left the courtroom to try to contact her client, returned, and reported that McCraw was unavailable. Counsel explained that McCraw was experiencing homelessness and had relocated out of state to find shelter. Counsel did not argue that McCraw's absence was involuntary or seek to continue the trial, and the trial proceeded without her.
Before any witnesses were called, Counsel agreed the City could proceed entirely by proffer and indicated that she did not intend to cross-examine any of the City's witnesses, even though the witnesses were present. {"When evidence is going to be received substantively by proffer, the proffering party states what the witness would testify to if called …, and if the opposing party consents, a court can accept the proffer."} The prosecutor proffered the testimony of Victoria and two police officers. The City's proffers established that McCraw broke and damaged plates during an argument, that Victoria's minor child witnessed this altercation, and that McCraw confessed to arguing with Victoria and breaking the plates.
No proffer established to whom the plates belonged. After the City rested, the trial court asked Counsel, "[D]o you have anything to offer"? She replied, "No, Judge." Counsel called no witnesses and made no closing argument. The court found McCraw guilty on both counts, and McCraw timely appealed….
