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14 Utah opinions name it 2 courts 1993–2024 3 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. Templingreen2 sentences2023But “if counsel does not adequately investigate the underlying facts of a case, including the availability of prospective defense witnesses, counsel’s performance cannot fall within the wide range of reasonable professional assistance.” State v. Templin, 805 P.2d 182, 188 (Utah 1990) (cleaned up). ¶18 Here, Pullman was charged with theft for “obtain[ing] or exercis[ing] unauthorized control over the property of another with a purpose to deprive” the rightful owner of that property. 2023“If counsel does not adequately investigate the underlying facts of a case, including the availability of prospective defense witnesses, counsel’s performance cannot fall within the wide range of reasonable professional assistance.” State v. Templin, 805 P.2d 182, 188 (Utah 1990) (cleaned up). | 10 | 13 |
State v. Halesgreen2 sentences2014State v. Templin, 805 P.2d 182, 188 (Utah 1990) ("If counsel does not adequately investigate the underlying facts of a case, including the availability of prospective defense witnesses, counsel's performance cannot fall within the 'wide range of reasonable professional assistance.'" (quoting Strickland v. Washington, 466 U.S. 668, 689 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984))); see also State v. Hales, 2007 UT 14 , 11 82-88, 152 P.3d 321 (holding that trial counsel's failure to engage an expert to review CT seans was deficient performance). 2014State v. Templin, 805 P.2d 182, 188 (Utah 1990) ("If counsel does not adequately investigate the underlying facts of a case, including the availability of prospective defense witnesses, counsel's performance cannot fall within the 'wide range of reasonable professional assistance.'" (quoting Strickland v. Washington, 466 U.S. 668, 689 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984))); see also State v. Hales, 2007 UT 14 , 11 82-88, 152 P.3d 321 (holding that trial counsel's failure to engage an expert to review CT seans was deficient performance). | 1 | 1 |
John F. Dees v. Paul Caspirigreen1 sentence2012See also Dees v. Caspiri, 904 F.2d 452, 454-55 (8th Cir.1990) (per curiam) (explaining that where the expert evidence is critical to the case, "counsel hals] a duty to make a diligent investigation of the forensic evidence and its potential weaknesses" and "to garner the expertise necessary to cross examine" the expert); *1096 State v. Templin, 805 P.2d 182, 187 (Utah 1990) (explaining that where the state's case depended on the testimony of the victim of rape, counsel's failure to "adequately investigate the underlying facts of [the] case, including the availability of prospective defense wit | 1 | 1 |
State v. Litherlandgreen2 sentences2012See generally State v. Litherland, 2000 UT 76, ¶ 19 , 12 P.3d 92 (requiring the defendant to show deficient performance, which means that counsel's representation "fell below an objective standard of reasonable professional judgment" and the challenged action cannot be considered sound strategy). 2012See generally State v. Litherland, 2000 UT 76, ¶ 19 , 12 P.3d 92 (requiring the defendant to show deficient performance, which means that counsel's representation "fell below an objective standard of reasonable professional judgment" and the challenged action cannot be considered sound strategy). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
2 sentences2018Hill claims that Girlfriend would have corroborated his assertion that he believed the stolen property belonged to her, and that his counsel did not adequately investigate or make reasonable efforts to secure her testimony. ¶11 "If counsel does not adequately investigate the underlying facts of a case, including the availability of prospective defense witnesses, counsel's performance cannot fall within the 'wide range of reasonable professional assistance.' " State v. Templin , 805 P.2d 182 , 188 (Utah 1990) (quoting Strickland , 466 U.S. at 686 , 104 S.Ct. 2052 ). 2018Hill claims that Girlfriend would have corroborated his assertion that he believed the stolen property belonged to her, and that his counsel did not adequately investigate or make reasonable efforts to secure her testimony. ¶11 "If counsel does not adequately investigate the underlying facts of a case, including the availability of prospective defense witnesses, counsel's performance cannot fall within the 'wide range of reasonable professional assistance.' " State v. Templin , 805 P.2d 182 , 188 (Utah 1990) (quoting Strickland , 466 U.S. at 686 , 104 S.Ct. 2052 ). | 4 | 1993–2024 |
State v. Hill
green
2 sentences2024“If counsel does not adequately investigate the underlying facts of a case, including the availability of prospective defense witnesses, counsel’s performance cannot fall within the wide range of reasonable professional assistance.” State v. Hill, 2018 UT App 140, ¶ 11 , 427 P.3d 1247 (quotation simplified). 2024“If counsel does not adequately investigate the underlying facts of a case, including the availability of prospective defense witnesses, counsel’s performance cannot fall within the wide range of reasonable professional assistance.” State v. Hill, 2018 UT App 140, ¶ 11 , 427 P.3d 1247 (quotation simplified). | 1 | 2024–2024 |
State v. Carranza
green
1 sentence2023Succinctly put, counsel’s “duty to conduct an adequate investigation of the facts and evidence” in a case “is not optional; it is indispensable.” J.A.L., 2011 UT 27, ¶ 28 . 20210167-CA 13 2023 UT App 72 State v. Carranza ¶37 Under the standard set out by the United States Supreme Court, strategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchallengeable; and strategic choices made after less than complete investigation are reasonable precisely to the extent that reasonable professional judgments support the limitations on investigati | 1 | 2023–2023 |
State v. Lenkart
green
1 sentence2023Succinctly put, counsel’s “duty to conduct an adequate investigation of the facts and evidence” in a case “is not optional; it is indispensable.” J.A.L., 2011 UT 27, ¶ 28 . 20210167-CA 13 2023 UT App 72 State v. Carranza ¶37 Under the standard set out by the United States Supreme Court, strategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchallengeable; and strategic choices made after less than complete investigation are reasonable precisely to the extent that reasonable professional judgments support the limitations on investigati | 1 | 2023–2023 |
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.