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12 Utah opinions name it 2 courts 1983–2017 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 |
|---|---|---|
State v. Longgreen1 sentence2015The Utah Supreme Court indicated that such clarification was necessary because ‚the scientific literature . . . ‘is replete with empirical studies documenting the unreliability of eyewitness identification.’‛ Id. at 779 (quoting State v. Long, 721 P.2d 483, 488 (Utah 1986)). | 1 | 1 |
State v. Dunngreen1 sentence2012Furthermore, because an analysis regarding the effectiveness of counsel must make “every effort . . . to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time,” see id., we must consider the law in effect at the time of trial in evaluating whether counsel performed deficiently, see State v. Dunn, 850 P.2d 1201, 1228 (Utah 1993). ¶5 At the time of Heimuli’s trial in September 2009, Utah trial courts routinely employed “a de facto presumption against eyewitness expert tes | 1 | 1 |
Dillon v. Scotten, Dillon Companygreen1 sentence1997See Dillon, 335 F.Supp. at 569 (holding that “the de facto directors’ doctrine does not apply when there is a direct challenge to a disputed office.”). | 1 | 1 |
Mountain Fuel Supply Co. v. Salt Lake City Corp.green2 sentences1989Mountain Fuel Supply Co. v. Salt Lake City Corp., 752 P.2d 884, 889 (Utah 1988). 1989Mountain Fuel Supply Co. v. Salt Lake City Corp., 752 P.2d 884, 889 (Utah 1988). | 1 | 1 |
State v. Carrollgreen2 sentences1983The "landmark" definition of de facto officers in the much-quoted case of State v. Carroll, 38 Conn. 449, 472 (1871), includes an officer who acted under color of an appointment that was "void because the officer was not eligible." [5] The de facto principle has been applied to reject attempts to upset the actions of various official bodies on the basis that the law made one or more of the members ineligible for service. 1983The “landmark” definition of de facto officers in the much-quoted case of State v. Carroll, 38 Conn. 449, 472 (1871), includes an officer who acted under color of an appointment that was “void because the officer was not eligible.” 5 The de facto principle has been applied to reject attempts to upset the actions of various official bodies on the basis that the law made one or more of the members ineligible for service. | 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. Clopten
green
2 sentences2015But in State v. Clopten, 2009 UT 84 , 223 P.3d 1103 , the Court recognized that its ‚previous holdings ha[d] created a de facto presumption against the admission of eyewitness expert testimony, despite persuasive research that such testimony is the (continued…) 20131166-CA 4 2015 UT App 199 State v. Lujan See id. at 779, 781–82. 2015But in State v. Clopten, 2009 UT 84 , 223 P.3d 1103 , the Court recognized that its ‚previous holdings ha[d] created a de facto presumption against the admission of eyewitness expert testimony, despite persuasive research that such testimony is the (continued…) 20131166-CA 4 2015 UT App 199 State v. Lujan See id. at 779, 781–82. | 4 | 2012–2015 |
Judd v. Drezga
green
2 sentences2017A significant step in the retreat came in Judd v. Drezga , 2004 UT 91 , 103 P.3d 135 . 2017A significant step in the retreat came in Judd v. Drezga , 2004 UT 91 , 103 P.3d 135 . | 1 | 2017–2017 |
State v. Lujan
green
1 sentence2015But in State v. Clopten, 2009 UT 84 , 223 P.3d 1103 , the Court recognized that its ‚previous holdings ha[d] created a de facto presumption against the admission of eyewitness expert testimony, despite persuasive research that such testimony is the (continued…) 20131166-CA 4 2015 UT App 199 State v. Lujan See id. at 779, 781–82. | 1 | 2015–2015 |
Hansen v. America Online, Inc.
green
2 sentences2015Online, Inc., 2004 UT 62, ¶ 7 , 96 P.3d 950 (―Utah‘s employment law presumes that all employment relationships entered into for an indefinite period of time are at-will, where the employer or the employee may terminate the employment for any reason (or no reason) except where prohibited by law.‖). 147 RICHARD A. POSNER, ECONOMIC ANALYSIS OF LAW 342–43 (6th ed. 2003) (concluding that at-will employment is economically efficient and noting that ―outside of the unionized sector . . . and government employment . . . , employment at will is the usual form of labor contract in the United States,‖ an 2015Online, Inc., 2004 UT 62, ¶ 7 , 96 P.3d 950 (―Utah‘s employment law presumes that all employment relationships entered into for an indefinite period of time are at-will, where the employer or the employee may terminate the employment for any reason (or no reason) except where prohibited by law.‖). 147 RICHARD A. POSNER, ECONOMIC ANALYSIS OF LAW 342–43 (6th ed. 2003) (concluding that at-will employment is economically efficient and noting that ―outside of the unionized sector . . . and government employment . . . , employment at will is the usual form of labor contract in the United States,‖ an | 1 | 2015–2015 |
Strickland v. Washington
green
1 sentence2012Furthermore, because an analysis regarding the effectiveness of counsel must make “every effort . . . to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time,” see id., we must consider the law in effect at the time of trial in evaluating whether counsel performed deficiently, see State v. Dunn, 850 P.2d 1201, 1228 (Utah 1993). ¶5 At the time of Heimuli’s trial in September 2009, Utah trial courts routinely employed “a de facto presumption against eyewitness expert tes | 1 | 2012–2012 |
Salt Lake City v. Ohms
green
1 sentence1998However, while we stated in Ohms that “actions taken by commissioners in the past are not subject to challenge since court commissioners in those eases acted with de facto authority,” we declined to apply the de facto doctrine to Ohms as he had “sustained the burden of attacking an unconstitutional statute.” To hold otherwise and deprive an appellant of “the fruits of victory” would have the effect of “discouraging challenges to statutes of questionable validity.” Ohms, 881 P.2d at 854-55 . | 1 | 1998–1998 |
Vance v. Fordham
green
1 sentence1992Vance, 671 P.2d at 130 -31 & n. 5. 16 . | 1 | 1992–1992 |
State v. Gambrell
green
1 sentence1991We explained that “[ujnder the de facto doctrine the acts of one who assumes official authority and exercises duties under color of a valid appointment or election are valid where the community acquiesces to his authority.” Id. at 1139 . | 1 | 1991–1991 |
Railway Clerks v. United Air Lines, Inc.
green
2 sentences1983E.g., In re Bunker Hill Urban Renewal Project 1B, 61 Cal.2d 21 , 389 P.2d 538 , 37 Cal. Rptr. 74 (redevelopment agency decision), cert. denied, 379 U.S. 28 , 899, 85 S.Ct. 190 , 185, 13 L.Ed.2d 173 , 174 (1964); People ex rel. 1983E.g., In re Bunker Hill Urban Renewal Project 1B, 61 Cal.2d 21 , 389 P.2d 538 , 37 Cal.Rptr. 74 (redevelopment agency decision), cert. denied, 379 U.S. 28 , 899, 85 S.Ct. 190 , 185, 13 L.Ed.2d 173 , 174 (1964); People ex rel. | 1 | 1983–1983 |
Trautwein v. Community Redevelopment Agency
green
2 sentences1983E.g., In re Bunker Hill Urban Renewal Project 1B, 61 Cal.2d 21 , 389 P.2d 538 , 37 Cal. Rptr. 74 (redevelopment agency decision), cert. denied, 379 U.S. 28 , 899, 85 S.Ct. 190 , 185, 13 L.Ed.2d 173 , 174 (1964); People ex rel. 1983E.g., In re Bunker Hill Urban Renewal Project 1B, 61 Cal.2d 21 , 389 P.2d 538 , 37 Cal.Rptr. 74 (redevelopment agency decision), cert. denied, 379 U.S. 28 , 899, 85 S.Ct. 190 , 185, 13 L.Ed.2d 173 , 174 (1964); People ex rel. | 1 | 1983–1983 |
Lam Tat Sin v. Esperdy
green
2 sentences1983E.g., In re Bunker Hill Urban Renewal Project 1B, 61 Cal.2d 21 , 389 P.2d 538 , 37 Cal. Rptr. 74 (redevelopment agency decision), cert. denied, 379 U.S. 28 , 899, 85 S.Ct. 190 , 185, 13 L.Ed.2d 173 , 174 (1964); People ex rel. 1983E.g., In re Bunker Hill Urban Renewal Project 1B, 61 Cal.2d 21 , 389 P.2d 538 , 37 Cal.Rptr. 74 (redevelopment agency decision), cert. denied, 379 U.S. 28 , 899, 85 S.Ct. 190 , 185, 13 L.Ed.2d 173 , 174 (1964); People ex rel. | 1 | 1983–1983 |
In Re Redevelopment Plan for Bunker Hill v. Goldman
green
2 sentences1983E.g., In re Bunker Hill Urban Renewal Project 1B, 61 Cal.2d 21 , 389 P.2d 538 , 37 Cal. Rptr. 74 (redevelopment agency decision), cert. denied, 379 U.S. 28 , 899, 85 S.Ct. 190 , 185, 13 L.Ed.2d 173 , 174 (1964); People ex rel. 1983E.g., In re Bunker Hill Urban Renewal Project 1B, 61 Cal.2d 21 , 389 P.2d 538 , 37 Cal. Rptr. 74 (redevelopment agency decision), cert. denied, 379 U.S. 28 , 899, 85 S.Ct. 190 , 185, 13 L.Ed.2d 173 , 174 (1964); People ex rel. | 1 | 1983–1983 |
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.