16 Utah opinions name it 2 courts 1887–2025 8 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 |
|---|---|---|
Capital One Bank (USA), N.A. v. Robertsgreen2 sentences2022See Capital One Bank (USA), NA v. Roberts, 2014 UT App 120, ¶ 2 , 327 P.3d 1226 (per curiam) (“In the absence of the transcript on appeal, the reviewing court presumes the regularity of the proceedings below.”). 2022See Capital One Bank (USA), NA v. Roberts, 2014 UT App 120, ¶ 2 , 327 P.3d 1226 (per curiam) (“In the absence of the transcript on appeal, the reviewing court presumes the regularity of the proceedings below.”). | 2 | 2 |
State v. Westgreen2 sentences2025But in light of the apparent conflict in the standards, we’ll “again take the liberty to suggest that the better, and far clearer, rule would be that where a trial court fails to employ a Frampton colloquy, the presumption is that waiver did not occur and the burden would be placed on the State to prove otherwise.” West, 2023 UT App 61 , ¶ 29 n.5 (quotation simplified). 20230428-CA 14 2025 UT App 49 State v. Lucke information to determine that the defendant’s waiver of counsel was indeed knowing and intelligent. ¶26 One difficulty arises in situations in which a court asks some, but not all, o 2024As we recently suggested, “A better, and far clearer, rule would be that where a trial court fails to employ a Frampton colloquy, the presumption is that waiver did not occur and the burden would be placed on the State to prove otherwise.” Patton, 2023 UT App 33 , ¶ 22 n.6,; see also West, 2023 UT App 61 , ¶ 29 n.5. | 1 | 3 |
State v. Kaborgreen2 sentences2013Manning, 2005 UT 61, ¶¶ 1, 42 , 122 P.3d 628 ; see also Kabor, 2013 UT App 12, ¶ 11 , 295 P.3d 193 . ¶ 8 In Manning , the supreme court identified at least three scenarios that would overcome the presumption of waiver and constitute an unconstitutional deprivation of the right to appeal. 2013Manning, 2005 UT 61, ¶¶ 1, 42 , 122 P.3d 628 ; see also Kabor, 2013 UT App 12, ¶ 11 , 295 P.3d 193 . ¶ 8 In Manning , the supreme court identified at least three scenarios that would overcome the presumption of waiver and constitute an unconstitutional deprivation of the right to appeal. | 1 | 1 |
Manning v. Stategreen2 sentences2013Manning, 2005 UT 61, ¶¶ 1, 42 , 122 P.3d 628 ; see also Kabor, 2013 UT App 12, ¶ 11 , 295 P.3d 193 . ¶ 8 In Manning , the supreme court identified at least three scenarios that would overcome the presumption of waiver and constitute an unconstitutional deprivation of the right to appeal. 2013Manning, 2005 UT 61, ¶¶ 1, 42 , 122 P.3d 628 ; see also Kabor, 2013 UT App 12, ¶ 11 , 295 P.3d 193 . ¶ 8 In Manning , the supreme court identified at least three scenarios that would overcome the presumption of waiver and constitute an unconstitutional deprivation of the right to appeal. | 1 | 1 |
Society of Separationists, Inc. v. Whiteheadgreen1 sentence1997Regarding Pro-Tech’s due process argument, we note at the outset that we begin with the presumption that a rule of civil procedure is constitutional, “and we resolve any reasonable doubts in favor of constitutionality.” See Society of Separationists, Inc. v. Whitehead, 870 P.2d 916, 920 (Utah 1993) (citing In re Criminal Investigation, 754 P.2d 633, 640 (Utah 1988); Snow v. Keddington, 113 Utah 325 , 195 P.2d 234, 240 (1948)). | 1 | 1 |
In re Criminal Investigation, 7th District Court No. CS-1green1 sentence1997Regarding Pro-Tech’s due process argument, we note at the outset that we begin with the presumption that a rule of civil procedure is constitutional, “and we resolve any reasonable doubts in favor of constitutionality.” See Society of Separationists, Inc. v. Whitehead, 870 P.2d 916, 920 (Utah 1993) (citing In re Criminal Investigation, 754 P.2d 633, 640 (Utah 1988); Snow v. Keddington, 113 Utah 325 , 195 P.2d 234, 240 (1948)). | 1 | 1 |
Snow v. Keddingtongreen2 sentences1997Regarding Pro-Tech’s due process argument, we note at the outset that we begin with the presumption that a rule of civil procedure is constitutional, “and we resolve any reasonable doubts in favor of constitutionality.” See Society of Separationists, Inc. v. Whitehead, 870 P.2d 916, 920 (Utah 1993) (citing In re Criminal Investigation, 754 P.2d 633, 640 (Utah 1988); Snow v. Keddington, 113 Utah 325 , 195 P.2d 234, 240 (1948)). 1997Regarding Pro-Tech’s due process argument, we note at the outset that we begin with the presumption that a rule of civil procedure is constitutional, “and we resolve any reasonable doubts in favor of constitutionality.” See Society of Separationists, Inc. v. Whitehead, 870 P.2d 916, 920 (Utah 1993) (citing In re Criminal Investigation, 754 P.2d 633, 640 (Utah 1988); Snow v. Keddington, 113 Utah 325 , 195 P.2d 234, 240 (1948)). | 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. Patton
green
2 sentences2024As we recently suggested, “A better, and far clearer, rule would be that where a trial court fails to employ a Frampton colloquy, the presumption is that waiver did not occur and the burden would be placed on the State to prove otherwise.” Patton, 2023 UT App 33 , ¶ 22 n.6,; see also West, 2023 UT App 61 , ¶ 29 n.5. 2023We hope that our supreme court would look favorably on such an articulation. 20210681-CA 18 2023 UT App 33 State v. Patton had been represented by counsel in his first trial—which made him aware of the advantages of representation and exposed him to the technical aspects of procedure and evidence, as well as the facts that the defendant filed eighteen motions on his own behalf and spoke to the jury about the charges, to support its conclusion that the defendant’s waiver was made knowingly and intelligently. | 3 | 2023–2024 |
State v. Bybee
green
2 sentences2017Bybee , 2000 UT 43 , ¶ 17, 1 P.3d 1087 . ¶ 20 However, once the State has met the burden of showing that the waiver was otherwise valid (knowing, voluntary, and intelligent), the minor, along with being able to contest all factors in the totality of the circumstances test, can also offer evidence to overcome the presumption of rule 27A "by a preponderance of the evidence showing the ... inability of the minor to comprehend and waive the minor's rights." UTAH R. 2017Bybee , 2000 UT 43 , ¶ 17, 1 P.3d 1087 . ¶ 20 However, once the State has met the burden of showing that the waiver was otherwise valid (knowing, voluntary, and intelligent), the minor, along with being able to contest all factors in the totality of the circumstances test, can also offer evidence to overcome the presumption of rule 27A "by a preponderance of the evidence showing the ... inability of the minor to comprehend and waive the minor's rights." UTAH R. | 3 | 2017–2017 |
State v. Lee
green
2 sentences2025Our appellate cases haven’t settled on a magic number of questions that must be asked for a colloquy to be deemed sufficient, but we have expressed some wariness if the district court engaged in only a “partial colloquy.” State v. Lee, 2024 UT App 2, ¶ 10 , 542 P.3d 974 . 2025Our appellate cases haven’t settled on a magic number of questions that must be asked for a colloquy to be deemed sufficient, but we have expressed some wariness if the district court engaged in only a “partial colloquy.” State v. Lee, 2024 UT App 2, ¶ 10 , 542 P.3d 974 . | 2 | 2024–2025 |
State v. Lucke
green
1 sentence2025But in light of the apparent conflict in the standards, we’ll “again take the liberty to suggest that the better, and far clearer, rule would be that where a trial court fails to employ a Frampton colloquy, the presumption is that waiver did not occur and the burden would be placed on the State to prove otherwise.” West, 2023 UT App 61 , ¶ 29 n.5 (quotation simplified). 20230428-CA 14 2025 UT App 49 State v. Lucke information to determine that the defendant’s waiver of counsel was indeed knowing and intelligent. ¶26 One difficulty arises in situations in which a court asks some, but not all, o | 1 | 2025–2025 |
Molina-Martinez v. United States
green
1 sentence2025Bustamante-Conchas instead tracked the approach of Molina-Martinez, id. at 1139–40, which had also rejected a presumption framework, see Molina-Martinez, 578 U.S. at 203 . | 1 | 2025–2025 |
United States v. Bustamante-Conchas
green
1 sentence2025Bustamante-Conchas instead tracked the approach of Molina-Martinez, id. at 1139–40, which had also rejected a presumption framework, see Molina-Martinez, 578 U.S. at 203 . | 1 | 2025–2025 |
State v. Pike
green
1 sentence2022Accordingly, the State argues, it already bore its burden below to rebut the presumption if the presumption applied in the first instance (which it did). ¶87 Our ―strict approach in assuring that the constitutional guarantee of a fair trial not be compromised by improper [jury] contacts,‖ Pike, 712 P.2d at 279 , becomes less strict when the standard for enforcing that guarantee is lax. | 1 | 2022–2022 |
Murray City v. Hall
green
1 sentence1998Hall confirms that requirement in holding that the trial court must find that “the calibration and testing for accuracy of the breathalyzer ... were performed in accordance with the standards established by the Commissioner of Public Safety.” Hall, 663 P.2d at 1320 . | 1 | 1998–1998 |
People v. Forbes
neutral
1 sentence1926People v. Fuqua, 61 Cal. 377 ; People v. Forbes, 51 Cal. 628 . | 1 | 1926–1926 |
People v. Fuqua
neutral
1 sentence1926People v. Fuqua, 61 Cal. 377 ; People v. Forbes, 51 Cal. 628 . | 1 | 1926–1926 |
Laning v. . N.Y.C.R.R. Co.
green
1 sentence1887But where there is any evidence tending to rebut the presumption of waiver on the part of the servant, it presents a case for the jury: Hough v. Railway Co., supra; Greene v. Railway Co., supra; Lansing v. Railroad Co., 49 N. Y., 521 . | 1 | 1887–1887 |
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.