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13 Utah opinions name it 2 courts 1936–2015 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 |
|---|---|---|
Gardner v. Holdengreen2 sentences2005For example, a court may vacate the sentence and order a new trial, Billings v. Smith, 281 Mont. 133 , 932 P.2d 1058, 1063 (1997) (vacating sentence and granting new trial to remedy denial of effective assistance of counsel); modify the defendant’s sentence with or without a new penalty hearing, see Gardner v. Holden, 888 P.2d 608, 611 (Utah 1994) (discussing correctness of trial court’s decision to grant defendant a new penalty hearing and appeal to remedy the alleged denial of effective assistance of counsel); Kuehnert v. Turner, 28 Utah 2d 150 , 499 P.2d 839, 840-41 (1972) (remanding for re 2004Gardner II, 888 P.2d at 611, 623 . ¶ 5 In January 1997, Gardner filed a petition for writ of habeas corpus in the United States District Court for the District of Utah. | 2 | 2 |
Reliance Insurance Co. v. Utah Department of Transportationgreen1 sentence2012Co. v. Utah Dep't of Transp., 858 P.2d 1363, 1367 (Utah 1993) (internal quotation marks omitted), abrogated by Commercial Real Estate Inv., 2012 UT 49 , 285 P.3d 1193 . | 1 | 1 |
Margaret H. Wayne Trust v. Lipskygreen2 sentences2012Wayne Trust v. Lipsky, 123 Idaho 253 , 846 P.2d 904, 910 (1993).) However, in reaching its decision, the district court did not conduct a penalty analysis but instead examined the enforceability of the liquidated damages provision under section 389 of the Restatement (First) of Contracts, which provides that an "agreement, made in advance of breach fixing the damages therefor, is not enforceable as a contract and does not affect the damages recoverable for the breach, unless ... the amount so fixed is a reasonable forecast of just compensation for the harm that is eaused by the breach, and ... 2012Wayne Trust v. Lipsky, 123 Idaho 253 , 846 P.2d 904, 910 (1993).) However, in reaching its decision, the district court did not conduct a penalty analysis but instead examined the enforceability of the liquidated damages provision under section 389 of the Restatement (First) of Contracts, which provides that an "agreement, made in advance of breach fixing the damages therefor, is not enforceable as a contract and does not affect the damages recoverable for the breach, unless ... the amount so fixed is a reasonable forecast of just compensation for the harm that is eaused by the breach, and ... | 1 | 1 |
Croft v. Jensengreen1 sentence2012See, e.g., Croft, 40 P.2d at 202 (concluding that a penalty would be "clearly unconscionable"). 35 The "shock the conscience" standard similarly is problematic for a number of reasons. | 1 | 1 |
Shayesteh v. City of South Salt Lakegreen1 sentence2005For example, a court may vacate the sentence and order a new trial, Billings v. Smith, 281 Mont. 133 , 932 P.2d 1058, 1063 (1997) (vacating sentence and granting new trial to remedy denial of effective assistance of counsel); modify the defendant’s sentence with or without a new penalty hearing, see Gardner v. Holden, 888 P.2d 608, 611 (Utah 1994) (discussing correctness of trial court’s decision to grant defendant a new penalty hearing and appeal to remedy the alleged denial of effective assistance of counsel); Kuehnert v. Turner, 28 Utah 2d 150 , 499 P.2d 839, 840-41 (1972) (remanding for re | 1 | 1 |
City of Billings v. Smithgreen2 sentences2005For example, a court may vacate the sentence and order a new trial, Billings v. Smith, 281 Mont. 133 , 932 P.2d 1058, 1063 (1997) (vacating sentence and granting new trial to remedy denial of effective assistance of counsel); modify the defendant’s sentence with or without a new penalty hearing, see Gardner v. Holden, 888 P.2d 608, 611 (Utah 1994) (discussing correctness of trial court’s decision to grant defendant a new penalty hearing and appeal to remedy the alleged denial of effective assistance of counsel); Kuehnert v. Turner, 28 Utah 2d 150 , 499 P.2d 839, 840-41 (1972) (remanding for re 2005For example, a court may vacate the sentence and order a new trial, Billings v. Smith, 281 Mont. 133 , 932 P.2d 1058, 1063 (1997) (vacating sentence and granting new trial to remedy denial of effective assistance of counsel); modify the defendant’s sentence with or without a new penalty hearing, see Gardner v. Holden, 888 P.2d 608, 611 (Utah 1994) (discussing correctness of trial court’s decision to grant defendant a new penalty hearing and appeal to remedy the alleged denial of effective assistance of counsel); Kuehnert v. Turner, 28 Utah 2d 150 , 499 P.2d 839, 840-41 (1972) (remanding for re | 1 | 1 |
Provo City v. Hansengreen1 sentence2005Furthermore, subsection (8)(a), the penalty clause of this section, specifically provides that if the candidate fails to file an interim report, “the city recorder shall, after making a reasonable attempt to discover if the report was timely mailed, inform the appropriate election officials who: shall, if practicable, remove the name of the candidate by blacking [it] out” or “inform the voters by any practicable method that the candidate has been disqualified.” Id. § 10-3-208(8)(a)(i)-(ii). ¶ 13 The statute repeatedly uses the word “shall,” which is “usually presumed mandatory and has been int | 1 | 1 |
State v. Nealgreen2 sentences2005For example, a court may vacate the sentence and order a new trial, Billings v. Smith, 281 Mont. 133 , 932 P.2d 1058, 1063 (1997) (vacating sentence and granting new trial to remedy denial of effective assistance of counsel); modify the defendant’s sentence with or without a new penalty hearing, see Gardner v. Holden, 888 P.2d 608, 611 (Utah 1994) (discussing correctness of trial court’s decision to grant defendant a new penalty hearing and appeal to remedy the alleged denial of effective assistance of counsel); Kuehnert v. Turner, 28 Utah 2d 150 , 499 P.2d 839, 840-41 (1972) (remanding for re 2005For example, a court may vacate the sentence and order a new trial, Billings v. Smith, 281 Mont. 133 , 932 P.2d 1058, 1063 (1997) (vacating sentence and granting new trial to remedy denial of effective assistance of counsel); modify the defendant’s sentence with or without a new penalty hearing, see Gardner v. Holden, 888 P.2d 608, 611 (Utah 1994) (discussing correctness of trial court’s decision to grant defendant a new penalty hearing and appeal to remedy the alleged denial of effective assistance of counsel); Kuehnert v. Turner, 28 Utah 2d 150 , 499 P.2d 839, 840-41 (1972) (remanding for re | 1 | 1 |
Kuehnert v. Turnergreen2 sentences2005For example, a court may vacate the sentence and order a new trial, Billings v. Smith, 281 Mont. 133 , 932 P.2d 1058, 1063 (1997) (vacating sentence and granting new trial to remedy denial of effective assistance of counsel); modify the defendant’s sentence with or without a new penalty hearing, see Gardner v. Holden, 888 P.2d 608, 611 (Utah 1994) (discussing correctness of trial court’s decision to grant defendant a new penalty hearing and appeal to remedy the alleged denial of effective assistance of counsel); Kuehnert v. Turner, 28 Utah 2d 150 , 499 P.2d 839, 840-41 (1972) (remanding for re 2005For example, a court may vacate the sentence and order a new trial, Billings v. Smith, 281 Mont. 133 , 932 P.2d 1058, 1063 (1997) (vacating sentence and granting new trial to remedy denial of effective assistance of counsel); modify the defendant’s sentence with or without a new penalty hearing, see Gardner v. Holden, 888 P.2d 608, 611 (Utah 1994) (discussing correctness of trial court’s decision to grant defendant a new penalty hearing and appeal to remedy the alleged denial of effective assistance of counsel); Kuehnert v. Turner, 28 Utah 2d 150 , 499 P.2d 839, 840-41 (1972) (remanding for re | 1 | 1 |
Board of Education of the Granite School District v. Salt Lake Countygreen1 sentence2005Furthermore, subsection (8)(a), the penalty clause of this section, specifically provides that if the candidate fails to file an interim report, “the city recorder shall, after making a reasonable attempt to discover if the report was timely mailed, inform the appropriate election officials who: shall, if practicable, remove the name of the candidate by blacking [it] out” or “inform the voters by any practicable method that the candidate has been disqualified.” Id. § 10-3-208(8)(a)(i)-(ii). ¶ 13 The statute repeatedly uses the word “shall,” which is “usually presumed mandatory and has been int | 1 | 1 |
State v. Gardnergreen1 sentence2004In State v. Gardner, this court affirmed his conviction and death sentence. 789 P.2d 273, 288 (Utah 1989) (Gardner I). | 1 | 1 |
Action Electric Co. v. Industrial Commissiongreen1 sentence1997Co. v. Industrial Comm’n, 636 P.2d 474, 477 (Utah 1981). 3 Defendant contends that the second paragraph of section 34-28-5(1) (“the penalty clause”) applies not only when the employer terminates or discharges an employee but also when an employee such as he quits voluntarily (subsection (2)) or when employees go on strike (subsection (3)). | 1 | 1 |
Kevin Winston Osborn v. Duane Shillinger, Warden of the Wyoming State Penitentiary A.G. McClintock the Attorney General of the State of Wyominggreen1 sentence1994As the Tenth Circuit stated in Osborn v. Shillinger, the “process by which he [the defendant] pled and was sentenced to death was not adversarial, and therefore not reliable.” 861 F.2d 612, 629 (10th Cir.1988). | 1 | 1 |
Van Hook v. United Statesgreen1 sentence1993See Van Hook, 365 U.S. at 609 , 81 S.Ct. at 823 ; Mohn, 584 P.2d at 44 ; Emig, 493 P.2d at 369-70 ; Tomlinson, 647 P.2d at 417 ; Nicoletti, 471 A.2d at 618 ; see also Ashe v. State, 586 F.2d 334, 336 (4th Cir.1978), cert. denied, 441 U.S. 966 , 99 S.Ct. 2416 , 60 L.Ed.2d 1072 (1979). | 1 | 1 |
| Hitchcock v. Arizonagreen | 1 | 1 |
State v. Mitchellgreen1 sentence1993NOTES [1] State v. Tillman, 750 P.2d 546 (Utah 1987). [2] Id. [3] Fernandez v. Cook, 783 P.2d 547, 549 (Utah 1989); State v. Mitchell, 779 P.2d 1116, 1118 (Utah 1989). [4] Utah Code Ann. § 76-5-202 (1) provides in pertinent part: (1) Criminal homicide constitutes murder in the first degree if the actor intentionally or knowingly causes the death of another under any of the following circumstances: .... (q) The homicide was committed in an especially heinous, atrocious, cruel, or exceptionally depraved manner, any of which must be demonstrated by physical torture, serious physical abuse, or ser | 1 | 1 |
State v. Cartergreen2 sentences1993See State v. Carter, 776 P.2d 886 (Utah 1989). 1993See State v. Carter, 776 P.2d 886 (Utah 1989). | 1 | 1 |
People v. Emiggreen2 sentences1993For example, the Colorado Supreme Court concluded that failure to grant allocution "renders [the sentence] invalid" and explained that the defendant had a "right of allocution" prior to sentencing "which cannot be withheld from him." People v. Emig, 177 Colo. 174 , 493 P.2d 368, 369-70 (1972). 1993For example, the Colorado Supreme Court concluded that failure to grant allocution "renders [the sentence] invalid" and explained that the defendant had a "right of allocution" prior to sentencing "which cannot be withheld from him." People v. Emig, 177 Colo. 174 , 493 P.2d 368, 369-70 (1972). | 1 | 1 |
Fernandez v. Cookgreen1 sentence1993NOTES [1] State v. Tillman, 750 P.2d 546 (Utah 1987). [2] Id. [3] Fernandez v. Cook, 783 P.2d 547, 549 (Utah 1989); State v. Mitchell, 779 P.2d 1116, 1118 (Utah 1989). [4] Utah Code Ann. § 76-5-202 (1) provides in pertinent part: (1) Criminal homicide constitutes murder in the first degree if the actor intentionally or knowingly causes the death of another under any of the following circumstances: .... (q) The homicide was committed in an especially heinous, atrocious, cruel, or exceptionally depraved manner, any of which must be demonstrated by physical torture, serious physical abuse, or ser | 1 | 1 |
Lloyd C. Ashe and Hilliard P. Ashe v. State of North Carolina, and Cherokee County, Murphy, North Carolinagreen1 sentence1993See Van Hook, 365 U.S. at 609 , 81 S.Ct. at 823 ; Mohn, 584 P.2d at 44 ; Emig, 493 P.2d at 369-70 ; Tomlinson, 647 P.2d at 417 ; Nicoletti, 471 A.2d at 618 ; see also Ashe v. State, 586 F.2d 334, 336 (4th Cir.1978), cert. denied, 441 U.S. 966 , 99 S.Ct. 2416 , 60 L.Ed.2d 1072 (1979). | 1 | 1 |
| Tormey v. De La Cruzgreen | 1 | 1 |
Croatan Books, Inc. v. Virginiagreen1 sentence1993See Van Hook, 365 U.S. at 609 , 81 S.Ct. at 823 ; Mohn, 584 P.2d at 44 ; Emig, 493 P.2d at 369-70 ; Tomlinson, 647 P.2d at 417 ; Nicoletti, 471 A.2d at 618 ; see also Ashe v. State, 586 F.2d 334, 336 (4th Cir.1978), cert. denied, 441 U.S. 966 , 99 S.Ct. 2416 , 60 L.Ed.2d 1072 (1979). | 1 | 1 |
| California v. Browngreen | 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. Norton
green
1 sentence2015Specifically, the defendant argued that the standard of persuasion at the penalty hearing in his capital case should have been the hlgher standard announced 'in State v. Wood-" 'beyond a reasonable doubt' both as to the fact that total aggravation outweighs total mitigation and as to the conclusion that the imposition of the death penalty is justified and appropriate," Id. at 583 . | 1 | 2015–2015 |
Commercial Real Estate Investment, L.C. v. Comcast of Utah II, Inc.
green
2 sentences2012Co. v. Utah Dep't of Transp., 858 P.2d 1363, 1367 (Utah 1993) (internal quotation marks omitted), abrogated by Commercial Real Estate Inv., 2012 UT 49 , 285 P.3d 1193 . 2012Co. v. Utah Dep't of Transp., 858 P.2d 1363, 1367 (Utah 1993) (internal quotation marks omitted), abrogated by Commercial Real Estate Inv., 2012 UT 49 , 285 P.3d 1193 . | 1 | 2012–2012 |
Western Macaroni Mfg. Co. v. Fiore
green
1 sentence2012Second, the penalty inquiry is motivated by "the interest of justice and fairness," id. | 1 | 2012–2012 |
Alabama v. Shelton
green
2 sentences2005For example, a court may vacate the sentence and order a new trial, Billings v. Smith, 281 Mont. 133 , 932 P.2d 1058, 1063 (1997) (vacating sentence and granting new trial to remedy denial of effective assistance of counsel); modify the defendant’s sentence with or without a new penalty hearing, see Gardner v. Holden, 888 P.2d 608, 611 (Utah 1994) (discussing correctness of trial court’s decision to grant defendant a new penalty hearing and appeal to remedy the alleged denial of effective assistance of counsel); Kuehnert v. Turner, 28 Utah 2d 150 , 499 P.2d 839, 840-41 (1972) (remanding for re 2005For example, a court may vacate the sentence and order a new trial, Billings v. Smith, 281 Mont. 133 , 932 P.2d 1058, 1063 (1997) (vacating sentence and granting new trial to remedy denial of effective assistance of counsel); modify the defendant’s sentence with or without a new penalty hearing, see Gardner v. Holden, 888 P.2d 608, 611 (Utah 1994) (discussing correctness of trial court’s decision to grant defendant a new penalty hearing and appeal to remedy the alleged denial of effective assistance of counsel); Kuehnert v. Turner, 28 Utah 2d 150 , 499 P.2d 839, 840-41 (1972) (remanding for re | 1 | 2005–2005 |
Sjostrom v. Bishop
green
2 sentences2005Ms. Pugh, however, argues that the language of the statute is not mandatory, but only directory, citing Sjostrom v. Bishop, 15 Utah 2d 373 , 393 P.2d 472 (1964). 2005Ms. Pugh, however, argues that the language of the statute is not mandatory, but only directory, citing Sjostrom v. Bishop, 15 Utah 2d 373 , 393 P.2d 472 (1964). | 1 | 2005–2005 |
| Mohn v. State green | 1 | 1993–1993 |
Tomlinson v. State
green
1 sentence1993See Van Hook, 365 U.S. at 609 , 81 S.Ct. at 823 ; Mohn, 584 P.2d at 44 ; Emig, 493 P.2d at 369-70 ; Tomlinson, 647 P.2d at 417 ; Nicoletti, 471 A.2d at 618 ; see also Ashe v. State, 586 F.2d 334, 336 (4th Cir.1978), cert. denied, 441 U.S. 966 , 99 S.Ct. 2416 , 60 L.Ed.2d 1072 (1979). | 1 | 1993–1993 |
State v. Nicoletti
green
1 sentence1993See Van Hook, 365 U.S. at 609 , 81 S.Ct. at 823 ; Mohn, 584 P.2d at 44 ; Emig, 493 P.2d at 369-70 ; Tomlinson, 647 P.2d at 417 ; Nicoletti, 471 A.2d at 618 ; see also Ashe v. State, 586 F.2d 334, 336 (4th Cir.1978), cert. denied, 441 U.S. 966 , 99 S.Ct. 2416 , 60 L.Ed.2d 1072 (1979). | 1 | 1993–1993 |
Woodson v. North Carolina
green
2 sentences1993Eddings v. Oklahoma, 455 U.S. 104, 113-15 , 102 S.Ct. 869, 876-77 , 71 L.Ed.2d 1 (1982); Lockett v. Ohio, 438 U.S. 586, 604-09 , 98 S.Ct. 2954, 2964-67 , 57 L.Ed.2d 973 (1978) (plurality opinion); Woodson v. North Carolina, 428 U.S. 280, 303-04 , 96 S.Ct. 2978, 2990-91 , 49 L.Ed.2d 944 (1976) (plurality opinion); see also California v. Brown, 479 U.S. 538, 541 , 107 S.Ct. 837, 839 , 93 L.Ed.2d 934 (1987). 1993Eddings v. Oklahoma, 455 U.S. 104, 113-15 , 102 S.Ct. 869, 876-77 , 71 L.Ed.2d 1 (1982); Lockett v. Ohio, 438 U.S. 586, 604-09 , 98 S.Ct. 2954, 2964-67 , 57 L.Ed.2d 973 (1978) (plurality opinion); Woodson v. North Carolina, 428 U.S. 280, 303-04 , 96 S.Ct. 2978, 2990-91 , 49 L.Ed.2d 944 (1976) (plurality opinion); see also California v. Brown, 479 U.S. 538, 541 , 107 S.Ct. 837, 839 , 93 L.Ed.2d 934 (1987). | 1 | 1993–1993 |
| Lockett v. Ohio green | 1 | 1993–1993 |
State v. Tillman
green
2 sentences1993NOTES [1] State v. Tillman, 750 P.2d 546 (Utah 1987). [2] Id. [3] Fernandez v. Cook, 783 P.2d 547, 549 (Utah 1989); State v. Mitchell, 779 P.2d 1116, 1118 (Utah 1989). [4] Utah Code Ann. § 76-5-202 (1) provides in pertinent part: (1) Criminal homicide constitutes murder in the first degree if the actor intentionally or knowingly causes the death of another under any of the following circumstances: .... (q) The homicide was committed in an especially heinous, atrocious, cruel, or exceptionally depraved manner, any of which must be demonstrated by physical torture, serious physical abuse, or ser 1993NOTES [1] State v. Tillman, 750 P.2d 546 (Utah 1987). [2] Id. [3] Fernandez v. Cook, 783 P.2d 547, 549 (Utah 1989); State v. Mitchell, 779 P.2d 1116, 1118 (Utah 1989). [4] Utah Code Ann. § 76-5-202 (1) provides in pertinent part: (1) Criminal homicide constitutes murder in the first degree if the actor intentionally or knowingly causes the death of another under any of the following circumstances: .... (q) The homicide was committed in an especially heinous, atrocious, cruel, or exceptionally depraved manner, any of which must be demonstrated by physical torture, serious physical abuse, or ser | 1 | 1993–1993 |
Eddings v. Oklahoma
green
2 sentences1993Eddings v. Oklahoma, 455 U.S. 104, 113-15 , 102 S.Ct. 869, 876-77 , 71 L.Ed.2d 1 (1982); Lockett v. Ohio, 438 U.S. 586, 604-09 , 98 S.Ct. 2954, 2964-67 , 57 L.Ed.2d 973 (1978) (plurality opinion); Woodson v. North Carolina, 428 U.S. 280, 303-04 , 96 S.Ct. 2978, 2990-91 , 49 L.Ed.2d 944 (1976) (plurality opinion); see also California v. Brown, 479 U.S. 538, 541 , 107 S.Ct. 837, 839 , 93 L.Ed.2d 934 (1987). 1993Eddings v. Oklahoma, 455 U.S. 104, 113-15 , 102 S.Ct. 869, 876-77 , 71 L.Ed.2d 1 (1982); Lockett v. Ohio, 438 U.S. 586, 604-09 , 98 S.Ct. 2954, 2964-67 , 57 L.Ed.2d 973 (1978) (plurality opinion); Woodson v. North Carolina, 428 U.S. 280, 303-04 , 96 S.Ct. 2978, 2990-91 , 49 L.Ed.2d 944 (1976) (plurality opinion); see also California v. Brown, 479 U.S. 538, 541 , 107 S.Ct. 837, 839 , 93 L.Ed.2d 934 (1987). | 1 | 1993–1993 |
| State v. Wood green | 1 | 1983–1983 |
| In Re WINSHIP green | 1 | 1980–1980 |
| Moorehouse v. Hammond neutral | 1 | 1936–1936 |
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.