elemental rule (Utah) · Go Syfert
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elemental rule in Utah

5 Utah opinions name it 2 courts 1964–2021 1 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 (3)

CaseFollowedCited
Holbrook Company v. Adamsgreen
utah · 1975 · cited in 2 Utah opinions naming this issue, 1984–2006
2 sentences

2006See Holbrook Co. v. Adams, 542 P.2d 191, 193 (Utah 1975) (stating “the elemental rule that the fact trier may believe one witness as against many, or many against one”); State v. Reed, 839 P.2d 878, 880 (Utah Ct.App.1992) (holding that the trial court did not err in finding the victim’s testimony credible and rejecting contrary testimony of the defendant and another witness); see also Murphy v. Sowders, 801 F.2d 205, 210 (6th Cir.1986) (recognizing “the time-honored precedent which instructs the trier of fact that the test to be applied in determining the guilt of an accused in a criminal acti

1984Holbrook Company v. Adams, Utah, 542 P.2d 191, 193 (1975).

22
Gregory Arnold Murphy, Cross-Appellant v. Dewey Sowders, Superintendent, Cross-Appelleegreen
ca6 · 1986 · cited in 1 Utah opinions naming this issue, 2006–2006
1 sentence

2006See Holbrook Co. v. Adams, 542 P.2d 191, 193 (Utah 1975) (stating “the elemental rule that the fact trier may believe one witness as against many, or many against one”); State v. Reed, 839 P.2d 878, 880 (Utah Ct.App.1992) (holding that the trial court did not err in finding the victim’s testimony credible and rejecting contrary testimony of the defendant and another witness); see also Murphy v. Sowders, 801 F.2d 205, 210 (6th Cir.1986) (recognizing “the time-honored precedent which instructs the trier of fact that the test to be applied in determining the guilt of an accused in a criminal acti

11
State v. Reedgreen
utahctapp · 1992 · cited in 1 Utah opinions naming this issue, 2006–2006
1 sentence

2006See Holbrook Co. v. Adams, 542 P.2d 191, 193 (Utah 1975) (stating “the elemental rule that the fact trier may believe one witness as against many, or many against one”); State v. Reed, 839 P.2d 878, 880 (Utah Ct.App.1992) (holding that the trial court did not err in finding the victim’s testimony credible and rejecting contrary testimony of the defendant and another witness); see also Murphy v. Sowders, 801 F.2d 205, 210 (6th Cir.1986) (recognizing “the time-honored precedent which instructs the trier of fact that the test to be applied in determining the guilt of an accused in a criminal acti

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 (4)

CaseCitedYears
Manning v. State green
utah · 2005
1 sentence

2021With respect to this last procedural candidate, we note that Brown asserted in his Notice of Appeal that ―[t]he Utah Supreme Court is also being asked to . . . invoke its extraordinary writ authority to fashion a remedy in the wake of the constitutional denial that occurred here.‖ We also note, however, that Brown‘s briefs are devoid of any discussion of any consequence on this topic. 9 Of course, we do acknowledge that in Manning we were able to appropriately create, by decision, a new remedy for restoring a denied criminal appeal and a corresponding right of appeal. 2005 UT 61 .

12021–2021
State v. Verde green
utah · 2012
1 sentence

2017Specifically, we noted that “[u]nder the doctrine of chances, evidence . . . must not be admitted absent satisfaction of four foundational requirements, which should be considered within the context of a rule 403 balancing analysis.”47 Those four foundational requirements are (1) materiality, (2) similarity, (3) independence, and (4) frequency.48 When each of these requirements has been met, a court should conclude that rule 404(b) has been satisfied regarding certain _____________________________________________________________ 42 2012 UT 60 , ¶¶ 47–49 (emphasis added).

12017–2017
Jau-Fei Chen v. Stewart green
utah · 2004
2 sentences

2006Chadbourn rev. 1978 & Supp. 2005-2) (providing that credibility does not depend on number of witnesses). ¶ 29 Furthermore, the Bleazards have not “demonstrated that the evidence is legally insufficient to support the finding[s] even when viewing it in a light most favorable to the court below.” Chen, 2004 UT 82 at ¶ 76 , 100 P.3d 1177 (quotations and citation omitted).

2006Chadbourn rev. 1978 & Supp. 2005-2) (providing that credibility does not depend on number of witnesses). ¶ 29 Furthermore, the Bleazards have not “demonstrated that the evidence is legally insufficient to support the finding[s] even when viewing it in a light most favorable to the court below.” Chen, 2004 UT 82 at ¶ 76 , 100 P.3d 1177 (quotations and citation omitted).

12006–2006
Cooper v. Industrial Commission neutral
utah · 1963
2 sentences

1964In the case of Cooper v. Industrial Commission, 15 Utah 2d 91 , 387 P.2d 689 (1963), whose facts were substantially like the present case, we held: “It is an elemental principle of justice that a party seeking adjudication _ of his rights should be neither prevented nor dissuaded from presenting any evidence he desires which is competent and material to the issues.

1964In the case of Cooper v. Industrial Commission, 15 Utah 2d 91 , 387 P.2d 689 (1963), whose facts were substantially like the present case, we held: “It is an elemental principle of justice that a party seeking adjudication _ of his rights should be neither prevented nor dissuaded from presenting any evidence he desires which is competent and material to the issues.

11964–1964

Where else courts name it

CO 57 (1914–2026) TX 27 (1936–2024) FL 25 (1905–2026) PA 16 (1932–2023) IL 12 (1949–2005) CA 9 (1943–2020) MO 8 (1893–2014) VT 7 (1978–2015) IN 6 (1889–1978) GA 5 (1954–1976) TN 5 (1927–2014) IA 5 (1900–2017) NC 5 (1910–2022) UT 5 (1964–2021) NJ 5 (1945–2005) KS 4 (1973–2024) OH 4 (1907–2011) VA 4 (1984–2004) MI 3 (1967–2004) MA 3 (1960–2015) NY 3 (1927–1977) OK 3 (1917–1980) MD 3 (1978–2002) WA 3 (2000–2020) KY 3 (1932–2007) MS 3 (1956–1985) HI 3 (1981–2003) SD 2 (1999–1999) CT 2 (1997–2016) AL 2 (1939–1961) MT 2 (2013–2013) WY 2 (1941–1992) LA 2 (1956–2000)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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