5 Utah opinions name it 2 courts 1983–2014 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.
| Case | Followed | Cited |
|---|---|---|
State v. Crickgreen1 sentence1993Instructing the jury that defendant could be found guilty of a lesser offense of public intoxication, when the defendant was not charged with the offense, would not only have usurped the prosecutor’s discretion for determining which charges to bring, see State v. Crick, 675 P.2d 527, 532 (Utah 1983), but would have provided superfluous obfuscation of the central issues before the jury. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
State v. Knollgreen1 sentence1991But see Knoll, 712 P.2d at 215 ("defendant may have to assume the burden of producing some evidence ... if there is no evidence in the prosecution’s case that would provide some kind of evidentiary foundation” for an affirmative defense). 7 . | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
State v. Kataria
green
1 sentence2014The evidence trial counsel presented to the jury included testimony indicating that both Kataria and Victim had been drinking that night, that Victim may have indicated at some point in time that she believed Kataria could have consumed up to half a bottle or half a gallon of whiskey, that Kataria’s verbal 20120734-CA 4 2014 UT App 236 State v. Kataria and physical assaults were out of character, and that Kataria drank so much he could not remember what he had done. ¶10 Kataria also asserts that his trial counsel performed deficiently by failing to impeach Victim’s trial testimony that Kataria | 1 | 2014–2014 |
State v. Frame
green
1 sentence1992To lose that defense, which was the upshot of counsel’s tardy filing of the notice required by section 77-14-3, may well have impacted upon “the fundamental fairness of the proceeding challenged,” Frame, 723 P.2d at 405 , given the expert testimony setting defendant’s possible blood alcohol level as high as ,38%. 25 Ordinarily, when the trial record is inadequate to permit a determination that defendant’s case has clearly been prejudiced by defense counsel’s deficient performance at trial, defendant is precluded from raising his ineffective assistance claim on *859 appeal and must seek relief | 1 | 1992–1992 |
Duarte v. Field
green
2 sentences1983Horne v. Peyton, 356 F.2d 631 (4th Cir.1966), cert, denied, 385 U.S. 863 , 87 S.Ct. 119 , 17 L.Ed.2d 90 (1966); Duarte v. Field, 297 F.Supp. 41 (C.D.Cal.1969); Slayton v. Weinberger, 213 Va. 690 , 194 S.E.2d 703 (1973). 1983Horne v. Peyton, 356 F.2d 631 (4th Cir.1966), cert. denied, 385 U.S. 863 , 87 S.Ct. 119 , 17 L.Ed.2d 90 (1966); Duarte v. Field, 297 F. Supp. 41 (C.D.Cal. 1969); Slayton v. Weinberger, 213 Va. 690 , 194 S.E.2d 703 (1973). | 1 | 1983–1983 |
John Everett Horne v. C. C. Peyton, Superintendent of the Virginia State Penitentiary
green
2 sentences1983Horne v. Peyton, 356 F.2d 631 (4th Cir.1966), cert, denied, 385 U.S. 863 , 87 S.Ct. 119 , 17 L.Ed.2d 90 (1966); Duarte v. Field, 297 F.Supp. 41 (C.D.Cal.1969); Slayton v. Weinberger, 213 Va. 690 , 194 S.E.2d 703 (1973). 1983Horne v. Peyton, 356 F.2d 631 (4th Cir.1966), cert. denied, 385 U.S. 863 , 87 S.Ct. 119 , 17 L.Ed.2d 90 (1966); Duarte v. Field, 297 F. Supp. 41 (C.D.Cal. 1969); Slayton v. Weinberger, 213 Va. 690 , 194 S.E.2d 703 (1973). | 1 | 1983–1983 |
Ard v. United States
green
2 sentences1983Horne v. Peyton, 356 F.2d 631 (4th Cir.1966), cert, denied, 385 U.S. 863 , 87 S.Ct. 119 , 17 L.Ed.2d 90 (1966); Duarte v. Field, 297 F.Supp. 41 (C.D.Cal.1969); Slayton v. Weinberger, 213 Va. 690 , 194 S.E.2d 703 (1973). 1983Horne v. Peyton, 356 F.2d 631 (4th Cir.1966), cert. denied, 385 U.S. 863 , 87 S.Ct. 119 , 17 L.Ed.2d 90 (1966); Duarte v. Field, 297 F. Supp. 41 (C.D.Cal. 1969); Slayton v. Weinberger, 213 Va. 690 , 194 S.E.2d 703 (1973). | 1 | 1983–1983 |
State v. McNicol
green
2 sentences1983We do not second-guess “an attorney’s legitimate exercise of judgment, as to trial tactics or strategy.” State v. McNicol, 554 P.2d at 205 . 2. 1983We do not second-guess "an attorney's legitimate exercise of judgment, as to trial tactics or strategy." State v. McNicol, 554 P.2d at 205 . 2. | 1 | 1983–1983 |
Slayton v. Weinberger
green
2 sentences1983Horne v. Peyton, 356 F.2d 631 (4th Cir.1966), cert, denied, 385 U.S. 863 , 87 S.Ct. 119 , 17 L.Ed.2d 90 (1966); Duarte v. Field, 297 F.Supp. 41 (C.D.Cal.1969); Slayton v. Weinberger, 213 Va. 690 , 194 S.E.2d 703 (1973). 1983Horne v. Peyton, 356 F.2d 631 (4th Cir.1966), cert, denied, 385 U.S. 863 , 87 S.Ct. 119 , 17 L.Ed.2d 90 (1966); Duarte v. Field, 297 F.Supp. 41 (C.D.Cal.1969); Slayton v. Weinberger, 213 Va. 690 , 194 S.E.2d 703 (1973). | 1 | 1983–1983 |
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.
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.