history rule in Utah

14 Utah opinions name it 2 courts 1949–2021 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 (7)

Case	Followed	Cited
State v. Garciagreen utah · 1983 · cited in 2 Utah opinions naming this issue, 2016–2016 2 sentences 2016In State v. Garcia, this court concluded that gruesome color photographs of homicide victims should be reviewed to determine ―whether the viewing of the photographs by the jury would create a substantial danger of undue prejudice against the defendant, and if so, whether that danger substantially outweighs the photographs‘ essential evidentiary value.‖ 663 P.2d 60, 64 (Utah 1983). 2016In State v. Garcia, this court concluded that gruesome color photographs of homicide victims should be reviewed to determine ―whether the viewing of the photographs by the jury would create a substantial danger of undue prejudice against the defendant, and if so, whether that danger substantially outweighs the photographs‘ essential evidentiary value.‖ 663 P.2d 60, 64 (Utah 1983).	2	2
State v. Beckergreen sd · 1892 · cited in 2 Utah opinions naming this issue, 2015–2015 2 sentences 2015But this Court in Weems decisively repudiated the historical interpretation of the Clause‖ (internal quotation marks omitted)); id. at 322–25 (Marshall, J., concurring) (concluding that ―the history of the clause clearly establishes that it was intended to prohibit cruel punishments,‖ and then noting the to constitute a cruel and unusual punishment.‖); State v. Becker, 51 N.W. 1018, 1022 (S.D. 1892) (―[I]t is certain that it devolves upon the legislature to fix the punishment for crime, and that in the exercise of their judgment great latitude must be allowed; and the courts can reasonably int 2015But this Court in Weems decisively repudiated the historical interpretation of the Clause” (internal quotation marks omitted)); id. at 322–25 (Marshall, J., concurring) (concluding that “the history of the clause clearly establishes that it was intended to prohibit cruel punishments,” and then noting the to constitute a cruel and unusual punishment.”); State v. Becker, 51 N.W. 1018, 1022 (S.D. 1892) (“[I]t is certain that it devolves upon the legislature to fix the punishment for crime, and that in the exercise of their judgment great latitude must be allowed; and the courts can reasonably int	2	2
Continental Cablevision Of New England, Inc. v. United Broadcasting Companygreen ca4 · 1989 · cited in 1 Utah opinions naming this issue, 1996–1996 2 sentences 1996Corp., 700 P.2d 537, 540 (Colo.1985); see also Continental Cablevision v. United Broadcasting Co., 873 F.2d 717 , 723 (4th Cir.1989) (‘When undertaking to construe and apply the Rule Against Perpetuities, a court will be well-advised to investigate and appreciate the history of the rule and its application.”); William Berg, Jr., III. 1996Corp., 700 P.2d 537, 540 (Colo.1985); see also Continental Cablevision v. United Broadcasting Co., 873 F.2d 717 , 723 (4th Cir.1989) ("When undertaking to construe and apply the Rule Against Perpetuities, a court will be well-advised to investigate and appreciate the history of the rule and its application."); William Berg, Jr., III.	1	1
Cambridge Co. v. East Slope Investment Corp.green colo · 1985 · cited in 1 Utah opinions naming this issue, 1996–1996 2 sentences 1996Corp., 700 P.2d 537, 540 (Colo.1985); see also Continental Cablevision v. United Broadcasting Co., 873 F.2d 717 , 723 (4th Cir.1989) (‘When undertaking to construe and apply the Rule Against Perpetuities, a court will be well-advised to investigate and appreciate the history of the rule and its application.”); William Berg, Jr., III. 1996Corp., 700 P.2d 537, 540 (Colo.1985); see also Continental Cablevision v. United Broadcasting Co., 873 F.2d 717 , 723 (4th Cir.1989) ("When undertaking to construe and apply the Rule Against Perpetuities, a court will be well-advised to investigate and appreciate the history of the rule and its application."); William Berg, Jr., III.	1	1
cluster 352746green ca2 · 1978 · cited in 1 Utah opinions naming this issue, 1991–1991 2 sentences 1991See, e.g., Acha v. Beame, 570 F.2d 57, 62 (2d Cir.1978); Rieser v. Baltimore & Ohio R.R., 224 F.2d 198 , 199 (2d Cir.1955), cert. denied, 350 U.S. 1006 , 76 S.Ct. 651 , 100 L.Ed. 868 (1956). 1991See, e.g., Acha v. Beame, 570 F.2d 57, 62 (2d Cir.1978); Rieser v. Baltimore & Ohio R.R., 224 F.2d 198 , 199 *1106 (2d Cir.1955), cert. denied, 350 U.S. 1006 , 76 S.Ct. 651 , 100 L.Ed. 868 (1956).	1	1
State v. Curtisgreen utah · 1975 · cited in 1 Utah opinions naming this issue, 1977–1977 2 sentences 1977A.L.I., Model Penal Code, Tentative Draft No. 9, § 2.10, p. 19. .See State v. Curtis, Utah, 542 P.2d 744, 748-750 (1975), wherein the history of the doctrine of entrapment in this state is set forth in the dissent. . 1977NOTES [1] Utah, 542 P.2d 744 (1975). [1] American Law Institute, Model Penal Code, P.O.D. (1962), § 2.13, p. 43. [2] American Law Institute, Tentative Draft No. 9 (1959), § 2.10, p. 13. [3] Subjective theory. [4] The objective theory that was subsequently adopted by the Institute in 1962. [5] A.L.I., Model Penal Code, Tentative Draft No. 9, § 2.10, p. 19. [6] See State v. Curtis, Utah, 542 P.2d 744, 748-750 (1975), wherein the history of the doctrine of entrapment in this state is set forth in the dissent. [7] A.L.I., Model Penal Code, Tentative Draft No. 9 (1959), § 2.10, p. 15. [8] Id., p. 2	1	1
Grossman v. Stategreen alaska · 1969 · cited in 1 Utah opinions naming this issue, 1977–1977 1 sentence 1977NOTES [1] Utah, 542 P.2d 744 (1975). [1] American Law Institute, Model Penal Code, P.O.D. (1962), § 2.13, p. 43. [2] American Law Institute, Tentative Draft No. 9 (1959), § 2.10, p. 13. [3] Subjective theory. [4] The objective theory that was subsequently adopted by the Institute in 1962. [5] A.L.I., Model Penal Code, Tentative Draft No. 9, § 2.10, p. 19. [6] See State v. Curtis, Utah, 542 P.2d 744, 748-750 (1975), wherein the history of the doctrine of entrapment in this state is set forth in the dissent. [7] A.L.I., Model Penal Code, Tentative Draft No. 9 (1959), § 2.10, p. 15. [8] Id., p. 2	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway.

Also cited on this issue (15)

Case	Cited	Years
State v. Met green utah · 2016 2 sentences 2016COLLIN MANGRUM & DEE BENSON, MANGRUM & BENSON ON UTAH EVIDENCE 170–73 (2015) (describing the history of rule 403 of the Utah Rules of Evidence as applied to ―gruesome‖ photographs and videos). 32 Cite as: 2016 UT 51 Opinion of the Court additional burdens on the evidence‘s proponent. 2016COLLIN MANGRUM & DEE BENSON, MANGRUM & BENSON ON UTAH EVIDENCE 170–73 (2015) (describing the history of rule 403 of the Utah Rules of Evidence as applied to ―gruesome‖ photographs and videos). 32 Cite as: 2016 UT 51 Opinion of the Court additional burdens on the evidence‘s proponent.	2	2016–2016
Furman v. Georgia green scotus · 1972 2 sentences 2015But this Court in Weems decisively repudiated the historical interpretation of the Clause‖ (internal quotation marks omitted)); id. at 322–25 (Marshall, J., concurring) (concluding that ―the history of the clause clearly establishes that it was intended to prohibit cruel punishments,‖ and then noting the to constitute a cruel and unusual punishment.‖); State v. Becker, 51 N.W. 1018, 1022 (S.D. 1892) (―[I]t is certain that it devolves upon the legislature to fix the punishment for crime, and that in the exercise of their judgment great latitude must be allowed; and the courts can reasonably int 2015But this Court in Weems decisively repudiated the historical interpretation of the Clause” (internal quotation marks omitted)); id. at 322–25 (Marshall, J., concurring) (concluding that “the history of the clause clearly establishes that it was intended to prohibit cruel punishments,” and then noting the to constitute a cruel and unusual punishment.”); State v. Becker, 51 N.W. 1018, 1022 (S.D. 1892) (“[I]t is certain that it devolves upon the legislature to fix the punishment for crime, and that in the exercise of their judgment great latitude must be allowed; and the courts can reasonably int	2	2015–2015
Muskopf v. Corning Hospital District red cal · 1961 2 sentences 1989In the 1961 case of Muskopf v. Corning Hospital District, 55 Cal.2d 211 , 359 P.2d 457 , 11 Cal. Rptr. 89 (1961), Justice Traynor detailed the history of the rule: The shifting fortune of the rule of governmental immunity as applied to hospitals is illustrative of the history of the rule itself. 1989In the 1961 case of Muskopf v. Corning Hospital District, 55 Cal.2d 211 , 359 P.2d 457 , 11 Cal. Rptr. 89 (1961), Justice Traynor detailed the history of the rule: The shifting fortune of the rule of governmental immunity as applied to hospitals is illustrative of the history of the rule itself.	2	1980–1989
State v. Wright green utahctapp · 2021 1 sentence 2021Perhaps more importantly, neither party on appeal has argued that any rule besides rule 403 is in play. 20100655-CA 17 2021 UT App 7 State v. Wright ¶38 With the foregoing history of the standard for assessing the admissibility of eyewitness identification testimony from Ramirez to Lujan in mind, we move on to address the parties’ arguments.	1	2021–2021
Penunuri v. Sundance Partners, Ltd. green utah · 2017 1 sentence 2017Second, treating “fixed by law” as a prerequisite to summary judgment is at odds with rule 56 of the Utah Rules of Civil Procedure. ¶ 29 As the court of appeals correctly recognized in its opinion in this case below, Berry’s special rule for summary judgment on gross negligence claims cannot be found in the cases that it relied on.42 The court of appeals accurately traced the history of this rule back to _____________________________________________________________ 39 Id. (citation omitted). 40 Id. ¶ 15. 41 Id. ¶ 17 (alteration in original). 42Penunuri v. Sundance Partners, Ltd., 2016 UT App 1	1	2017–2017
Penunuri v. Sundance Partners Ltd. green utahctapp · 2016 2 sentences 2017Second, treating “fixed by law” as a prerequisite to summary judgment is at odds with rule 56 of the Utah Rules of Civil Procedure. ¶ 29 As the court of appeals correctly recognized in its opinion in this case below, Berry’s special rule for summary judgment on gross negligence claims cannot be found in the cases that it relied on.42 The court of appeals accurately traced the history of this rule back to _____________________________________________________________ 39 Id. (citation omitted). 40 Id. ¶ 15. 41 Id. ¶ 17 (alteration in original). 42Penunuri v. Sundance Partners, Ltd., 2016 UT App 1 2017Second, treating “fixed by law” as a prerequisite to summary judgment is at odds with rule 56 of the Utah Rules of Civil Procedure. ¶ 29 As the court of appeals correctly recognized in its opinion in this case below, Berry’s special rule for summary judgment on gross negligence claims cannot be found in the cases that it relied on.42 The court of appeals accurately traced the history of this rule back to _____________________________________________________________ 39 Id. (citation omitted). 40 Id. ¶ 15. 41 Id. ¶ 17 (alteration in original). 42Penunuri v. Sundance Partners, Ltd., 2016 UT App 1	1	2017–2017
State v. Cuttler green utah · 2015 2 sentences 2016We recently reached a similar conclusion about the so-called Shickles factors in State v. Cuttler, 2015 UT 95, ¶ 18 , 367 P.3d 981 . 2016We recently reached a similar conclusion about the so-called Shickles factors in State v. Cuttler, 2015 UT 95, ¶ 18 , 367 P.3d 981 .	1	2016–2016
Wade v. Jobe green utah · 1991 1 sentence 1994The court found that “[m]odern tenants generally lack the necessary skills or means to inspect the property effectively or to make repairs.” Id.	1	1994–1994
Rieser v. Baltimore Ohio Railroad Company green ca2 · 1955 2 sentences 1991See, e.g., Acha v. Beame, 570 F.2d 57, 62 (2d Cir.1978); Rieser v. Baltimore & Ohio R.R., 224 F.2d 198 , 199 (2d Cir.1955), cert. denied, 350 U.S. 1006 , 76 S.Ct. 651 , 100 L.Ed. 868 (1956). 1991See, e.g., Acha v. Beame, 570 F.2d 57, 62 (2d Cir.1978); Rieser v. Baltimore & Ohio R.R., 224 F.2d 198 , 199 *1106 (2d Cir.1955), cert. denied, 350 U.S. 1006 , 76 S.Ct. 651 , 100 L.Ed. 868 (1956).	1	1991–1991
Sale v. United States green scotus · 1956 2 sentences 1991See, e.g., Acha v. Beame, 570 F.2d 57, 62 (2d Cir.1978); Rieser v. Baltimore & Ohio R.R., 224 F.2d 198 , 199 (2d Cir.1955), cert. denied, 350 U.S. 1006 , 76 S.Ct. 651 , 100 L.Ed. 868 (1956). 1991See, e.g., Acha v. Beame, 570 F.2d 57, 62 (2d Cir.1978); Rieser v. Baltimore & Ohio R.R., 224 F.2d 198 , 199 *1106 (2d Cir.1955), cert. denied, 350 U.S. 1006 , 76 S.Ct. 651 , 100 L.Ed. 868 (1956).	1	1991–1991
United States ex rel. Marino v. Holton green scotus · 1956 2 sentences 1991See, e.g., Acha v. Beame, 570 F.2d 57, 62 (2d Cir.1978); Rieser v. Baltimore & Ohio R.R., 224 F.2d 198 , 199 (2d Cir.1955), cert. denied, 350 U.S. 1006 , 76 S.Ct. 651 , 100 L.Ed. 868 (1956). 1991See, e.g., Acha v. Beame, 570 F.2d 57, 62 (2d Cir.1978); Rieser v. Baltimore & Ohio R.R., 224 F.2d 198 , 199 *1106 (2d Cir.1955), cert. denied, 350 U.S. 1006 , 76 S.Ct. 651 , 100 L.Ed. 868 (1956).	1	1991–1991
Kromer v. Riegel Textile Corp. green scotus · 1956 2 sentences 1991See, e.g., Acha v. Beame, 570 F.2d 57, 62 (2d Cir.1978); Rieser v. Baltimore & Ohio R.R., 224 F.2d 198 , 199 (2d Cir.1955), cert. denied, 350 U.S. 1006 , 76 S.Ct. 651 , 100 L.Ed. 868 (1956). 1991See, e.g., Acha v. Beame, 570 F.2d 57, 62 (2d Cir.1978); Rieser v. Baltimore & Ohio R.R., 224 F.2d 198 , 199 *1106 (2d Cir.1955), cert. denied, 350 U.S. 1006 , 76 S.Ct. 651 , 100 L.Ed. 868 (1956).	1	1991–1991
Linkletter v. Walker red scotus · 1965 2 sentences 1983Linkletter required the weighing of “the merits and demerits in each case by looking to the prior history of the rule in question, its purpose and effect, and whether retrospective operation will further or retard its operation.” 381 U.S. at 629 , 85 S.Ct. at 1737 . 1983Linkletter required the weighing of “the merits and demerits in each case by looking to the prior history of the rule in question, its purpose and effect, and whether retrospective operation will further or retard its operation.” 381 U.S. at 629 , 85 S.Ct. at 1737 .	1	1983–1983
Sherman v. United States green scotus · 1958 2 sentences 1977NOTES [1] Utah, 542 P.2d 744 (1975). [1] American Law Institute, Model Penal Code, P.O.D. (1962), § 2.13, p. 43. [2] American Law Institute, Tentative Draft No. 9 (1959), § 2.10, p. 13. [3] Subjective theory. [4] The objective theory that was subsequently adopted by the Institute in 1962. [5] A.L.I., Model Penal Code, Tentative Draft No. 9, § 2.10, p. 19. [6] See State v. Curtis, Utah, 542 P.2d 744, 748-750 (1975), wherein the history of the doctrine of entrapment in this state is set forth in the dissent. [7] A.L.I., Model Penal Code, Tentative Draft No. 9 (1959), § 2.10, p. 15. [8] Id., p. 2 1977NOTES [1] Utah, 542 P.2d 744 (1975). [1] American Law Institute, Model Penal Code, P.O.D. (1962), § 2.13, p. 43. [2] American Law Institute, Tentative Draft No. 9 (1959), § 2.10, p. 13. [3] Subjective theory. [4] The objective theory that was subsequently adopted by the Institute in 1962. [5] A.L.I., Model Penal Code, Tentative Draft No. 9, § 2.10, p. 19. [6] See State v. Curtis, Utah, 542 P.2d 744, 748-750 (1975), wherein the history of the doctrine of entrapment in this state is set forth in the dissent. [7] A.L.I., Model Penal Code, Tentative Draft No. 9 (1959), § 2.10, p. 15. [8] Id., p. 2	1	1977–1977
State v. Nemier green utah · 1944 2 sentences 1949In that case we traced the history of the rule, particularly in this state, and pointed out that in the earlier Utah cases the rule had been stated as a general exclusionary rule, subject to many exceptions; but in the later cases, and especially State v. Nemier, 106 Utah 307 , 148 P. 2d 327 , this court had followed the view of the American Law Institute as expressed in the Model Code of Evidence, Rule 311, that “evidence that a person committed a crime or civil wrong on a specified occasion is inadmissible as tending to prove that he committed a crime or civil wrong on another occasion, if, 1949In that case we traced the history of the rule, particularly in this state, and pointed out that in the earlier Utah cases the rule had been stated as a general exclusionary rule, subject to many exceptions; but in the later cases, and especially State v. Nemier, 106 Utah 307 , 148 P. 2d 327 , this court had followed the view of the American Law Institute as expressed in the Model Code of Evidence, Rule 311, that “evidence that a person committed a crime or civil wrong on a specified occasion is inadmissible as tending to prove that he committed a crime or civil wrong on another occasion, if,	1	1949–1949

Statutes the citing opinions construe

UT § Utah Code § 76-3-207 (5) UT § Utah Code § 76-5-202 (5)

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.

Where else courts name it

PA 74 (1863–2024) CA 57 (1880–2026) TX 50 (1878–2023) NM 42 (1970–2025) WA 41 (1906–2025) NJ 40 (1925–2023) LA 40 (1934–2025) MD 39 (1966–2023) IL 34 (1924–2022) FL 30 (1959–2023) NY 29 (1892–2008) GA 28 (1900–2025) TN 26 (1940–2022) OR 25 (1954–2025) MO 23 (1888–2018) MI 23 (1944–2024) AL 19 (1935–2024) OH 17 (1913–2023) IA 15 (1885–2021) SD 15 (1974–2025) CO 14 (1946–2025) UT 14 (1949–2021) VA 13 (1954–2025) MN 13 (1969–2006) ND 13 (1916–2005) WI 13 (1926–2023) CT 12 (1968–2016) WY 12 (1975–2015) AZ 12 (1960–2014) KY 12 (1922–2018) MT 10 (1916–2025) IN 9 (1958–2020) DC 9 (1946–2007) ID 9 (1951–2022) NC 9 (1973–2000) KS 9 (1905–2013) AR 8 (1979–2003) MS 8 (1968–2008) WV 7 (1936–2018) OK 7 (1979–2024) MA 7 (1903–2003) RI 6 (1969–2020) AK 6 (1977–2025) VT 6 (1976–2017) SC 5 (1938–1990) HI 5 (1980–2022) DE 5 (1992–2018) NV 4 (1970–2013) NE 4 (1897–2019) NH 4 (1932–2003) PR 2 (1926–1929)

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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