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5 Utah opinions name it 2 courts 1988–2025 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.
| Case | Followed | Cited |
|---|---|---|
State v. Hoguegreen1 sentence2025See State v. Kitches, 2021 UT App 24, ¶ 28 , 484 P.3d 415 (“[I]f the merits of a claim can easily be resolved in favor of the party asserting that the claim was not preserved, we (continued…) 20220544-CA 7 2025 UT App 88 State v. Hogue ¶21 As an initial matter, we address an incorrect assertion that Hogue builds upon in his appeal, that is, that he “was convicted of manslaughter under Utah Code [section] 76-5-205, for recklessly causing the death of Troy.” This is a mistaken perception of the jury’s determinations and the underlying statutory scheme upon which they were based. ¶22 The State ch | 1 | 1 |
State v. Kitchesgreen2 sentences2025See State v. Kitches, 2021 UT App 24, ¶ 28 , 484 P.3d 415 (“[I]f the merits of a claim can easily be resolved in favor of the party asserting that the claim was not preserved, we (continued…) 20220544-CA 7 2025 UT App 88 State v. Hogue ¶21 As an initial matter, we address an incorrect assertion that Hogue builds upon in his appeal, that is, that he “was convicted of manslaughter under Utah Code [section] 76-5-205, for recklessly causing the death of Troy.” This is a mistaken perception of the jury’s determinations and the underlying statutory scheme upon which they were based. ¶22 The State ch 2025See State v. Kitches, 2021 UT App 24, ¶ 28 , 484 P.3d 415 (“[I]f the merits of a claim can easily be resolved in favor of the party asserting that the claim was not preserved, we (continued…) 20220544-CA 7 2025 UT App 88 State v. Hogue ¶21 As an initial matter, we address an incorrect assertion that Hogue builds upon in his appeal, that is, that he “was convicted of manslaughter under Utah Code [section] 76-5-205, for recklessly causing the death of Troy.” This is a mistaken perception of the jury’s determinations and the underlying statutory scheme upon which they were based. ¶22 The State ch | 1 | 1 |
State v. Drejgreen2 sentences2011See State v. Drej, 2010 UT 35, 119 , 233 P.3d 476 (''The plain language of section 76-5-205.5 leaves no doubt that the [Llegislature did not intend to enact special mitigation as an affirmative defense.... [Sipecial mitigation is found in its own statutory section rather than included with the affirmative defenses to murder found in section 76-5-203."). 2011See State v. Drej, 2010 UT 35, 119 , 233 P.3d 476 (''The plain language of section 76-5-205.5 leaves no doubt that the [Llegislature did not intend to enact special mitigation as an affirmative defense.... [Sipecial mitigation is found in its own statutory section rather than included with the affirmative defenses to murder found in section 76-5-203."). | 1 | 1 |
State v. Johnsongreen1 sentence2001See State v. Johnson, 821 P.2d 1150 , 1160 n. 6 (Utah 1991). | 1 | 1 |
State v. Vigilgreen2 sentences2001See Vigil, 842 P.2d at 843—14. 2001This section provides: “Criminal homicide constitutes murder if [a defendant] ... intentionally or knowingly causes the death of another.” Utah Code Ann. § 76-5-203 (l)(a) (1999). ¶ 9 Both parties rely on State v. Maestas, 652 P.2d 903 (Utah 1982) and State v. Vigil, 842 P.2d 843 (Utah 1992). | 1 | 1 |
State v. Sessionsgreen1 sentence1988See State v. DePlonty, 749 P.2d 621 , 625 n. 3 (Utah 1987); State v. Miller, 677 P.2d 1129, 1131-32 (Utah 1984); State v. Wood, 648 P.2d 71, 90 (Utah), cert. denied, 459 U.S. 988 , 103 S.Ct. 341 , 74 L.Ed.2d 383 (1982); State v. Sessions, 645 P.2d 643, 646-47 (Utah 1982). [4] For the sake of brevity, we hereafter refer to depraved indifference murder under § 76-5-203(1)(c) as "depraved murder." [5] All emphasis in this opinion is added and no further indication of that fact will be given. [6] See note 8, infra. [7] See note 8, infra. [8] Section 76-2-103 states: A person engages in conduct: (1 | 1 | 1 |
State v. Millergreen1 sentence1988See State v. DePlonty, 749 P.2d 621 , 625 n. 3 (Utah 1987); State v. Miller, 677 P.2d 1129, 1131-32 (Utah 1984); State v. Wood, 648 P.2d 71, 90 (Utah), cert. denied, 459 U.S. 988 , 103 S.Ct. 341 , 74 L.Ed.2d 383 (1982); State v. Sessions, 645 P.2d 643, 646-47 (Utah 1982). [4] For the sake of brevity, we hereafter refer to depraved indifference murder under § 76-5-203(1)(c) as "depraved murder." [5] All emphasis in this opinion is added and no further indication of that fact will be given. [6] See note 8, infra. [7] See note 8, infra. [8] Section 76-2-103 states: A person engages in conduct: (1 | 1 | 1 |
State v. DePlontygreen1 sentence1988See State v. DePlonty, 749 P.2d 621 , 625 n. 3 (Utah 1987); State v. Miller, 677 P.2d 1129, 1131-32 (Utah 1984); State v. Wood, 648 P.2d 71, 90 (Utah), cert. denied, 459 U.S. 988 , 103 S.Ct. 341 , 74 L.Ed.2d 383 (1982); State v. Sessions, 645 P.2d 643, 646-47 (Utah 1982). [4] For the sake of brevity, we hereafter refer to depraved indifference murder under § 76-5-203(1)(c) as "depraved murder." [5] All emphasis in this opinion is added and no further indication of that fact will be given. [6] See note 8, infra. [7] See note 8, infra. [8] Section 76-2-103 states: A person engages in conduct: (1 | 1 | 1 |
State v. Thompsongreen2 sentences1988State v. Fontana, 680 P.2d at 1047 ; see also State v. Thompson, 110 Utah 113 , 170 P.2d 153 (1946) (common law depraved mind murder). 1988State v. Fontana, 680 P.2d at 1047 ; see also State v. Thompson, 110 Utah 113 , 170 P.2d 153 (1946) (common law depraved mind murder). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Shondel
green
2 sentences2002Defendant claims this subsection unconstitutionally overlaps with the felony murder provision of section 76-5-203 which reads, in relevant part: (1) Criminal homicide constitutes murder if the actor: [[Image here]] (d) while in the commission, attempted commission, or immediate flight from the commission or attempted commission of aggravated robbery, robbery, rape, object rape, forcible sodomy, or aggravated sexual assault, aggravated arson, arson, aggravated burglary, burglary, aggravated kidnapping, kidnapping, child kidnapping, rape of a child, object rape of a child, sodomy upon a child, f 2002Defendant claims this subsection unconstitutionally overlaps with the felony murder provision of section 76-5-203 which reads, in relevant part: (1) Criminal homicide constitutes murder if the actor: . . . . (d) while in the commission, attempted commission, or immediate flight from the commission or attempted commission of aggravated robbery, robbery, rape, object rape, forcible sodomy, or aggravated sexual assault, aggravated arson, arson, aggravated burglary, burglary, aggravated kidnapping, kidnapping, child kidnapping, rape of a child, object rape of a child, sodomy upon a child, forcible | 1 | 2002–2002 |
State v. Maestas
green
1 sentence2001This section provides: “Criminal homicide constitutes murder if [a defendant] ... intentionally or knowingly causes the death of another.” Utah Code Ann. § 76-5-203 (l)(a) (1999). ¶ 9 Both parties rely on State v. Maestas, 652 P.2d 903 (Utah 1982) and State v. Vigil, 842 P.2d 843 (Utah 1992). | 1 | 2001–2001 |
State v. Fontana
green
2 sentences1988State v. Fontana, 680 P.2d at 1047 ; see also State v. Thompson, 110 Utah 113 , 170 P.2d 153 (1946) (common law depraved mind murder). 1988State v. Fontana, 680 P.2d at 1047 ; see also State v. Thompson, 110 Utah 113 , 170 P.2d 153 (1946) (common law depraved mind murder). | 1 | 1988–1988 |
Wood v. Utah
green
2 sentences1988See State v. DePlonty, 749 P.2d 621 , 625 n. 3 (Utah 1987); State v. Miller, 677 P.2d 1129, 1131-32 (Utah 1984); State v. Wood, 648 P.2d 71, 90 (Utah), cert. denied, 459 U.S. 988 , 103 S.Ct. 341 , 74 L.Ed.2d 383 (1982); State v. Sessions, 645 P.2d 643, 646-47 (Utah 1982). [4] For the sake of brevity, we hereafter refer to depraved indifference murder under § 76-5-203(1)(c) as "depraved murder." [5] All emphasis in this opinion is added and no further indication of that fact will be given. [6] See note 8, infra. [7] See note 8, infra. [8] Section 76-2-103 states: A person engages in conduct: (1 1988See State v. DePlonty, 749 P.2d 621 , 625 n. 3 (Utah 1987); State v. Miller, 677 P.2d 1129, 1131-32 (Utah 1984); State v. Wood, 648 P.2d 71, 90 (Utah), cert. denied, 459 U.S. 988 , 103 S.Ct. 341 , 74 L.Ed.2d 383 (1982); State v. Sessions, 645 P.2d 643, 646-47 (Utah 1982). [4] For the sake of brevity, we hereafter refer to depraved indifference murder under § 76-5-203(1)(c) as "depraved murder." [5] All emphasis in this opinion is added and no further indication of that fact will be given. [6] See note 8, infra. [7] See note 8, infra. [8] Section 76-2-103 states: A person engages in conduct: (1 | 1 | 1988–1988 |
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.