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State v. Kazemzadeh
IN THE UTAH COURT OF APPEALS

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State of Utah,
Plaintiff and Appellee,
v.
Shahab Kazemzadeh,
Defendant and Appellant.
MEMORANDUM DECISION
(Not For Official Publication)
Case No. 20020996-CA

F I L E D
(February 12, 2004)

2004 UT App 23
Third District, Salt Lake Department
The Honorable Randall N. Skanchy
Attorneys: Clayton A. Simms and Darwin Overson, Salt Lake City, for Appellant
Mark L. Shurtleff and Marian Decker, Salt Lake City, for Appellee
Before Judges Greenwood, Jackson, and Orme.
ORME, Judge:
We have determined that "[t]he facts and legal arguments are adequatelypresented in the briefs and record[,] and the decisional process would not besignificantly aided by oral argument." Utah R. App. P. 29(a)(3). Moreover, theissues presented are readily resolved under applicable law.
Rule 412 of the Utah Rules of Evidence provides that "evidence offered to prove
that any alleged victim [of sexual misconduct] engaged in other sexualbehavior" is generally not admissible.(1) Utah R. Evid. 412(a)(1). Our SupremeCourt has held that "evidence of an alleged rape victim's past sexualactivities with someone other than the accused 'carr[ies] a presumption ofunfair[ness]' due to its 'unusual propensity to unfairly prejudice, inflame, ormislead the jury,' and thus, 'distort the deliberative process and skew atrial's outcome.'" State v. Martin, 2002 UT 34,

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