State v. Bolsinger
Utah Supreme Court
699 P.2d 1214 (1985)
- Written by Carolyn Strutton, JD
Facts
Kaysie Sorensen and Bolsinger (defendant) had consensual sexual intercourse while they were both drunk. At some point a clock-radio cord was wrapped around Sorensen’s throat and tightened briefly in an act of sexual asphyxiation. A few moments later Bolsinger noticed that Sorensen looked strange and was not reacting. He panicked, covered her with a sheet, rummaged through her purse, took his bottle of alcohol and a stereo, and left. Bolsinger was charged in her death and offered conflicting testimony during his confession and at trial over whether he or Sorensen had initiated the asphyxiation and exactly when and how it had occurred. He consistently claimed, however, that there had been no struggle or argument and that he had had no intention of hurting her. The medical evidence found that there was no structural damage to her neck, and that an intoxicated person could die from pressure applied to the throat much faster than a sober person would. Bolsinger was convicted of second-degree murder and appealed.
Rule of Law
Issue
Holding and Reasoning (Howe, J.)
Dissent
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