district court complied rule (Utah) · Go Syfert
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district court complied rule in Utah

5 Utah opinions name it 2 courts 2012–2017 0 in the last five years

The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
State v. Alexandergreen
utah · 2012 · cited in 3 Utah opinions naming this issue, 2012–2017
2 sentences

2017This approach is contrary to Alexander , where the Utah Supreme Court warned against similarly limiting the analysis of a plea to an evaluation of rule 11. 2012 UT 27, ¶ 25 , 279 P.3d 371 . “[D]etermining whether the district court complied with rule 11 during the plea hearing may be an appropriate step in, evaluating whether the defendant’s plea was knowing and voluntary.” Id. ¶ 24.

2017This approach is contrary to Alexander , where the Utah Supreme Court warned against similarly limiting the analysis of a plea to an evaluation of rule 11. 2012 UT 27, ¶ 25 , 279 P.3d 371 . “[D]etermining whether the district court complied with rule 11 during the plea hearing may be an appropriate step in, evaluating whether the defendant’s plea was knowing and voluntary.” Id. ¶ 24.

13
United States v. Jerry Joseph Lavernegreen
ca9 · 1992 · cited in 1 Utah opinions naming this issue, 2012–2012
2 sentences

2012See id. at 237-38 (citing Fed.R.Crim.P. 32(a)(1)(C)).

2012The City calls our attention to United States v. Laverne, 963 F.2d 235 (9th Cir.1992), where the Ninth Circuit concluded that the district court complied with rule 82 of the Federal Rules of Criminal Procedure, even though it announced the sentence before inviting the defendant to speak.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Henderson v. Morgan green
scotus · 1976
2 sentences

2013Further, “[t]o show that a plea was not knowing and voluntary, a defendant must show either that he did not in fact understand the nature of the constitutional protections that he was waiving by pleading guilty, or that he had ‘such an incomplete understanding of the charge that his plea cannot stand as an intelligent admission of guilt.’ ” State v. Alexander, 2012 UT 27, ¶ 23 , 279 P.3d 371 (quoting Henderson v. Morgan, 426 U.S. 637 , 645 n. 13, 96 S.Ct. 2253 , 49 L.Ed.2d 108 (1976)). ¶ 4 Knowlden argues here, as he did below, that despite the fact that the district court complied with rule 1

2013Further, “[t]o show that a plea was not knowing and voluntary, a defendant must show either that he did not in fact understand the nature of the constitutional protections that he was waiving by pleading guilty, or that he had ‘such an incomplete understanding of the charge that his plea cannot stand as an intelligent admission of guilt.’ ” State v. Alexander, 2012 UT 27, ¶ 23 , 279 P.3d 371 (quoting Henderson v. Morgan, 426 U.S. 637 , 645 n. 13, 96 S.Ct. 2253 , 49 L.Ed.2d 108 (1976)). ¶ 4 Knowlden argues here, as he did below, that despite the fact that the district court complied with rule 1

12013–2013
State v. Corwell green
utah · 2005
1 sentence

2012Id. 118 ; see also State v. Alexander, 2012 UT 27, ¶¶23-25 , 279 P.3d 371 (explaining that while the trial court's compliance with rule 11 "forecloses many potential arguments that the defendant's plea was not knowingly and voluntarily made," and while "determining whether the district court complied with rule 11 during the plea hearing may be an appropriate step in evaluating whether the defendant's plea was knowing and voluntary," a trial court's failure to comply with rule 11 does not necessarily render a plea unknowing or involuntary where the defendant fails to "show either that he did no

12012–2012
State v. Martinez green
utah · 2001
2 sentences

2012See, eg., id. 31-39 (evaluating whether the district court complied with rule 11(e)); State v. Martinez, 2001 UT 12, ¶¶ 23-25 , 26 P.3d 203 (same).

2012See, eg., id. 31-39 (evaluating whether the district court complied with rule 11(e)); State v. Martinez, 2001 UT 12, ¶¶ 23-25 , 26 P.3d 203 (same).

12012–2012

Statutes the citing opinions construe

UT § Utah Code § 77-13-6 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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