State v. Holm

137 P.3d 726

2006 UT 31

STATE of Utah, Plaintiff and Appellee, v. Rodney Hans HOLM, Defendant and Appellant.

No. 20030847.

Supreme Court of Utah.

May 16, 2006.

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Mark L. Shurtleff, Att'y Gen., Paul F. Graf, Kristine Knowlton, Laura B. Dupaix, Asst. Att'ys Gen., Salt Lake City, for plaintiff.

Max D. Wheeler, Rodney R. Parker, Salt Lake City, for defendant.

DURRANT, Justice:

¶1 In this case, we are asked to determine whether Rodney Hans Holm was appropriately convicted for bigamy and unlawful sexual conduct with a minor. Specifically, we are asked to determine whether Holm's behavior violated Utah's bigamy statute and whether that statute is constitutional. We are also asked to decide whether the trial court adequately established its criminal jurisdiction over the unlawful sexual conduct charges and whether the unlawful sexual conduct statute is unconstitutional on equal protection grounds. We conclude that Holm's behavior falls squarely within the realm of behavior criminalized by our State's bigamy statute and that the protections enshrined in the federal constitution, as well as our state constitution, guaranteeing the free exercise of religion and conscience, due process, and freedom of association do not shield Holm's polygamous practices from state prosecution. We further conclude that the trial court appropriately exercised jurisdiction over Holm's unlawful sexual conduct charges and that the unlawful sexual conduct statute is constitutional. Accordingly, we affirm the defendant's conviction under Utah Code section 76-7-101 for bigamy and under Utah Code section 76-5-401.2 for unlawful sexual conduct with a minor.

BACKGROUND

¶2 Holm was legally married to Suzie Stubbs in 1986. Subsequent to this marriage, Holm, a member of the Fundamentalist Church of Jesus Christ of Latter-day Saints (the "FLDS Church"),¹ participated in a religious marriage ceremony with Wendy Holm. Then, when Rodney Holm was thirty-two, he participated in another religious marriage ceremony with then-sixteen-year-old Ruth Stubbs, Suzie Stubbs's sister. After the ceremony, Ruth moved into Holm's house, where her sister Suzie Stubbs, Wendy Holm, and their children also resided. By the time Ruth turned eighteen, she had conceived two children with Holm, the second of which was born approximately three months after her eighteenth birthday.

¶ 3 Holm was subsequently arrested in Utah and charged with three counts of unlawful sexual conduct with a sixteen- or seventeen-year-old,² in violation of Utah Code section 76-5-401.2 (2003),³ and one count of bigamy, in violation of Utah Code section 76-7-101 (2003)⁴—all third degree felonies. The trial court denied both Holm's pretrial motion for a continuance to prepare a defense based on Lawrence v. Texas, 539 U.S. 558, 123 S.Ct. 2472, 156 L.Ed.2d 508 (2003), which was issued a little over a month before trial, and Holm's motion to dismiss based on statutory grounds and the constitutional invalidity of the bigamy and unlawful sexual conduct statutes.

¶ 4 At trial, Ruth Stubbs testified that although she knew that the marriage was not a legal civil marriage under the law, she believed that she was married. Stubbs's testimony included a description of the ceremony she had participated in with Holm. Stubbs testified that, at the ceremony, she had answered "I do" to the following question:

Do you, Sister [Stubbs], take Brother [Holm] by the right hand, and give yourself to him to be his lawful and wedded wife for time and all eternity, with a covenant and promise on your part, that you will fulfil all the laws, rites and ordinances pertaining to this holy bond of matrimony in the new and everlasting covenant, doing this in the presence of God, angels, and these witnesses, of your own free will and choice?

Stubbs testified that she had worn a white dress, which she considered a wedding dress; that she and Holm exchanged vows; that Warren Jeffs, a religious leader in the FLDS religion, conducted the ceremony; that other church members and members of Holm's family attended the ceremony; and that photographs were taken of Holm, Stubbs, and their guests who attended the ceremony.

¶ 5 Stubbs also testified about her relationship with Holm after the ceremony. She testified that she had moved in with Holm; that Holm had provided, at least in part, for Stubbs and their children; and that she and Holm had "regularly" engaged in sexual intercourse at the house in Hildale, Utah. Evidence was also introduced at trial that Holm and Stubbs "regarded each other as husband and wife."

¶ 6 At the close of the State's case in chief, Holm moved for reconsideration of his motion to dismiss, arguing that the jury should not be allowed to consider whether he violated the bigamy statute by purporting to marry Stubbs. Specifically, he argued that the "purporting to marry" prong of the bigamy statute applied only to legally recognized marriages. The court again rejected his motion.

¶ 7 During the course of the trial, the court denied Holm's request to present rebuttal evidence in the form of expert testimony concerning FLDS practice and beliefs. This evidence would have included Kenneth D. Driggs's testimony about the deeply held religious belief among FLDS adherents that this type of marriage is "necessary to their personal salvation," the history of polygamy, and the social health of polygamous communities.

¶ 8 The jury returned a guilty verdict on each of the charges, indicating on a special verdict form that Holm was guilty of bigamy both because he "purported to marry Ruth Stubbs" and because he had "cohabited with Ruth Stubbs." The trial court sentenced Holm to up to five years in state prison on each conviction, to be served concurrently, and imposed a $3,000 fine. Both the prison time and the fine were suspended in exchange for three years on probation, one year in the county jail with work release, and two hundred hours of community service.

¶ 9 Holm appealed his conviction on all charges. The Utah Court of Appeals, sua sponte, certified the appeal for transfer to this court pursuant to rule 43 of the Utah Rules of Appellate Procedure. This court has jurisdiction pursuant to Utah Code section 78-2-2(3)(b) (2002).

STANDARD OF REVIEW

¶ 10 On appeal, Holm raises several issues requiring us to engage in statutory and constitutional interpretation, to examine whether the trial court had jurisdiction, and to determine whether the trial court properly excluded expert testimony. Except for the exclusion of evidence issue, each of these issues involves questions of law, which we review for correctness. See State v. Green, 2004 UT 76, ¶ 42, 99 P.3d 820 (constitutional challenges to statutes); State v. MacGuire, 2004 UT 4, ¶ 8, 84 P.3d 1171 (statutory interpretation); State v. Payne, 892 P.2d 1032, 1033 (Utah 1995) (trial court jurisdiction). As to the evidence issue, we review a trial court's decision to exclude expert testimony for an abuse of discretion. State v. Hollen, 2002 UT 35, ¶ 66, 44 P.3d 794.

ANALYSIS

¶ 11 On appeal Holm raises arguments against both his conviction for bigamy and his conviction for unlawful sexual conduct with a minor. We discuss Holm's arguments for reversing each of his convictions separately below.

I. WE AFFIRM HOLM'S CONVICTION FOR BIGAMY

¶ 12 Holm was convicted pursuant to Utah's bigamy statute, which provides that "[a] person is guilty of bigamy when, knowing he has a husband or wife or knowing the other person has a husband or wife, the person purports to marry another person or cohabits with another person." Utah Code Ann. § 76-7-101 (2003). The jury weighing the case against Holm indicated on a special verdict form its conclusion that Holm had both "purported to marry another person" and "cohabited with another person" knowing that he already had a wife.

¶ 13 Due to the nature of the special verdict form, on appeal Holm must convince this court that both prongs of Utah's bigamy statute have been inappropriately applied in his case. Holm raises essentially four arguments to support his contention that neither prong applies. First, Holm argues that his conviction under the "purports to marry" prong of the bigamy statute was improper as a matter of statutory interpretation. Specifically, Holm argues that he did not "purport to marry" Ruth Stubbs, as that phrase is used in the bigamy statute, because the word "marry" in subsection 76-7-101(1) refers only to legal marriage and neither Holm nor Stubbs contemplated that the religious ceremony solemnizing their relationship would entitle them to any of the legal benefits attendant to state-sanctioned matrimony. Second, Holm argues that his conviction under the bigamy statute was unconstitutional as applied in this case because it unduly infringes upon his right to practice his religion, as guaranteed by our state constitution. Third, Holm argues that his conviction under the bigamy statute was unconstitutional under the federal constitution. Fourth, Holm argues that the trial court improperly excluded expert testimony that was offered to rebut the State's characterization of polygamous culture.

¶ 14 We reject each of these arguments. The "purports to marry" language contained in the bigamy statute is not confined to legal marriage and is, in fact, broad enough to cover the type of religious solemnization engaged in by Holm and Stubbs. We further conclude that the ability to engage in polygamous behavior is expressly excepted from the religious protections afforded by our state constitution. We are also unpersuaded that the federal constitution mandates that the states of this union tolerate polygamous behavior in the name of substantive due process or freedom of association. Additionally, in the face of controlling United States Supreme Court authority, we are constrained to conclude that the federal constitution does not protect Holm from bigamy...