12 Utah opinions name it 2 courts 1903–2025 2 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. Andersongreen1 sentence2025See, e.g., Erickson, 749 P.2d at 621 (applying the presumption of prejudice where one juror had a conversation with a key state witness); Anderson, 237 P. at 944 (implying a presumption of prejudice where one juror rode to and from court with a witness); Swain, 835 P.2d at 1011 (applying the presumption of prejudice where one juror conversed with a witness about their high school reunion). | 1 | 1 |
State v. Ericksongreen1 sentence2025See, e.g., Erickson, 749 P.2d at 621 (applying the presumption of prejudice where one juror had a conversation with a key state witness); Anderson, 237 P. at 944 (implying a presumption of prejudice where one juror rode to and from court with a witness); Swain, 835 P.2d at 1011 (applying the presumption of prejudice where one juror conversed with a witness about their high school reunion). | 1 | 1 |
State v. Swaingreen1 sentence2025See, e.g., Erickson, 749 P.2d at 621 (applying the presumption of prejudice where one juror had a conversation with a key state witness); Anderson, 237 P. at 944 (implying a presumption of prejudice where one juror rode to and from court with a witness); Swain, 835 P.2d at 1011 (applying the presumption of prejudice where one juror conversed with a witness about their high school reunion). | 1 | 1 |
Waite v. Utah Labor Comm'ngreen1 sentence2024As we explained in Waite, our analysis in Judd “clarified that the view of the presumption of constitutionality we expressed in [our earlier cases] is no longer good law.” 2017 UT 86, ¶ 22 (citing Judd, 2004 UT 91, ¶ 11 ). | 1 | 1 |
Coulter & Smith, Ltd. v. Russellgreen1 sentence2005See Coulter & Smith, Ltd. v. Russell, 966 P.2d 852, 856 (Utah 1998) (review on certiorari is circumscribed by the issues raised in the petitions). | 1 | 1 |
Jackson v. Kennecott Copper Corporationgreen2 sentences1990This court has taken a similar view of the privilege, describing it as “necessary in the interest and administration of justice,” but noting that the privilege should be “strictly construed in accordance with its object.” Jackson v. Kennecott Copper Corp., 27 Utah 2d 310 , 495 P.2d 1254, 1257 (1972). 1990This court has taken a similar view of the privilege, describing it as “necessary in the interest and administration of justice,” but noting that the privilege should be “strictly construed in accordance with its object.” Jackson v. Kennecott Copper Corp., 27 Utah 2d 310 , 495 P.2d 1254, 1257 (1972). | 1 | 1 |
Martinson v. W-M Insurance Agency, Inc.green1 sentence1989In Martinson v. W-M Insurance Agency, Inc., 606 P.2d 256, 258 (Utah 1980), we stated: [I]f the predominant motivation and purpose of the activity is in serving the social aspect, or other personal diversion of the employee, even though there may be some transaction of business or performance of duty merely incidental or adjunctive thereto, the person should not be deemed to be in the course of his employment.... | 1 | 1 |
Metropolitan Life Insurance v. Goodwingreen2 sentences1988Representative of these cases is Metropolitan Life Insurance Co. v. Goodwin, 166 Va. 119, 123 , 184 S.E. 208, 210 (1936), where the court recognized the necessity of some causal connection between the unlawful act and the death of the insured, but held after reviewing the cases on the subject that “when the facts constitute a continuous succession of events so linked together as to make a natural whole and it appears that the death was a natural probable consequence of the unlawful act, the causative connection exists which will defeat recovery” of double indemnity benefits. 1988Representative of these cases is Metropolitan Life Insurance Co. v. Goodwin, 166 Va. 119, 123 , 184 S.E. 208, 210 (1936), where the court recognized the necessity of some causal connection between the unlawful act and the death of the insured, but held after reviewing the cases on the subject that “when the facts constitute a continuous succession of events so linked together as to make a natural whole and it appears that the death was a natural probable consequence of the unlawful act, the causative connection exists which will defeat recovery” of double indemnity benefits. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Judd v. Drezga
green
2 sentences2024As we explained in Waite, our analysis in Judd “clarified that the view of the presumption of constitutionality we expressed in [our earlier cases] is no longer good law.” 2017 UT 86, ¶ 22 (citing Judd, 2004 UT 91, ¶ 11 ). 2024Thus, we cannot simply adopt our criticisms of legislative findings from the cases Bingham cites and reach the same conclusions here. ¶26 Instead, to succeed in challenging the statute of repose under the first component of Berry’s third part, Bingham must show that the legislature’s concern over increasing medical malpractice claims and judgments was not “fairly debatable.” Judd, 2004 UT 91, ¶ 15 . | 1 | 2024–2024 |
Ireland v. Mackintosh
green
1 sentence2020Id. at 902 . | 1 | 2020–2020 |
Brewer v. Peatross
green
1 sentence2015Id. $22 While the existence of a special improvement district is not quite the same as governmental restrictions on the use of land, the idea that the existence of an encumbrance depends, in part, on whether the seller knew or should have known of a burden on the property is consistent with the view that a violation of a governmental regulation on land constitutes an encumbrance on the property if it exists at the time of conveyance and the seller either is aware or should be aware of it, Unlike the wetlands violation in Frimberger, the violation in this case was not latent. | 1 | 2015–2015 |
Colman v. Utah State Land Board
green
1 sentence2005In Colman v. Utah State Land Board, 795 P.2d 622 (Utah 1990), we recognized: Many statutes and ordinances regulate what a property owner can do with and on the owner’s property. | 1 | 2005–2005 |
United States v. Calandra
green
2 sentences1990Forty-seven years later, Justice Harlan, in his dissent in *473 Mapp , articulated the view that the rule was not a constitutional requirement, but rather a judicially created remedy, a position taken by a majority of the Court thirteen years later in United States v. Calandra, 414 U.S. 338 , 94 S.Ct. 613 , 38 L.Ed.2d 561 (1974). 1990Forty-seven years later, Justice Harlan, in his dissent in *473 Mapp , articulated the view that the rule was not a constitutional requirement, but rather a judicially created remedy, a position taken by a majority of the Court thirteen years later in United States v. Calandra, 414 U.S. 338 , 94 S.Ct. 613 , 38 L.Ed.2d 561 (1974). | 1 | 1990–1990 |
Johnston v. Geary
neutral
2 sentences1940It is true that in McQuire v. State Bank of Tremonton, 49 Utah 381 , 164 P. 494 ; Johnston v. Geary, 84 Utah 47 , 33 P. 2d 757 ; and United States Building & Loan Ass’n v. Midvale Home Finance Corporation, 86 Utah 506 , 44 P. 2d 1090 , rehearing, 86 Utah 522 , 46 P. 2d 672 , we so held, and that this view has been the rule in this court. 1940It is true that in McQuire v. State Bank of Tremonton, 49 Utah 381 , 164 P. 494 ; Johnston v. Geary, 84 Utah 47 , 33 P. 2d 757 ; and United States Building & Loan Ass’n v. Midvale Home Finance Corporation, 86 Utah 506 , 44 P. 2d 1090 , rehearing, 86 Utah 522 , 46 P. 2d 672 , we so held, and that this view has been the rule in this court. | 1 | 1940–1940 |
United States Building & Loan Ass'n v. Midvale Home Finance Corp.
green
2 sentences1940It is true that in McQuire v. State Bank of Tremonton, 49 Utah 381 , 164 P. 494 ; Johnston v. Geary, 84 Utah 47 , 33 P. 2d 757 ; and United States Building & Loan Ass’n v. Midvale Home Finance Corporation, 86 Utah 506 , 44 P. 2d 1090 , rehearing, 86 Utah 522 , 46 P. 2d 672 , we so held, and that this view has been the rule in this court. 1940It is true that in McQuire v. State Bank of Tremonton, 49 Utah 381 , 164 P. 494 ; Johnston v. Geary, 84 Utah 47 , 33 P. 2d 757 ; and United States Building & Loan Ass’n v. Midvale Home Finance Corporation, 86 Utah 506 , 44 P. 2d 1090 , rehearing, 86 Utah 522 , 46 P. 2d 672 , we so held, and that this view has been the rule in this court. | 1 | 1940–1940 |
United States Building & Loan Ass'n v. Midvale Home Finance Corp.
neutral
2 sentences1940It is true that in McQuire v. State Bank of Tremonton, 49 Utah 381 , 164 P. 494 ; Johnston v. Geary, 84 Utah 47 , 33 P. 2d 757 ; and United States Building & Loan Ass’n v. Midvale Home Finance Corporation, 86 Utah 506 , 44 P. 2d 1090 , rehearing, 86 Utah 522 , 46 P. 2d 672 , we so held, and that this view has been the rule in this court. 1940It is true that in McQuire v. State Bank of Tremonton, 49 Utah 381 , 164 P. 494 ; Johnston v. Geary, 84 Utah 47 , 33 P. 2d 757 ; and United States Building & Loan Ass’n v. Midvale Home Finance Corporation, 86 Utah 506 , 44 P. 2d 1090 , rehearing, 86 Utah 522 , 46 P. 2d 672 , we so held, and that this view has been the rule in this court. | 1 | 1940–1940 |
Angel v. Ladas
neutral
2 sentences1940Ed. 669 ; in Sunday v. Moore, 135 Wash. 414 , 237 P. 1014 ; and in Angel v. Ladas, 143 Wash. 622 , 255 P. 945 , is laid down the rule substantially as enunciated in Dutcher v. Sanders, supra. But in Randolph v. Husch, 159 Wash. 490 , 294 P. 236, 237 , the court said: “If this were the first time we were called upon to construe the *228 statute, the logic of the appellant [that by the words ‘that he was entitled to the possession,’ plaintiff must show a legal right to possession in him] would be very appealing, but the statute has been on the books for many years, and we have repeatedly used la 1940Ed. 669 ; in Sunday v. Moore, 135 Wash. 414 , 237 P. 1014 ; and in Angel v. Ladas, 143 Wash. 622 , 255 P. 945 , is laid down the rule substantially as enunciated in Dutcher v. Sanders, supra. But in Randolph v. Husch, 159 Wash. 490 , 294 P. 236, 237 , the court said: “If this were the first time we were called upon to construe the *228 statute, the logic of the appellant [that by the words ‘that he was entitled to the possession,’ plaintiff must show a legal right to possession in him] would be very appealing, but the statute has been on the books for many years, and we have repeatedly used la | 1 | 1940–1940 |
Randolph v. Husch
green
2 sentences1940Ed. 669 ; in Sunday v. Moore, 135 Wash. 414 , 237 P. 1014 ; and in Angel v. Ladas, 143 Wash. 622 , 255 P. 945 , is laid down the rule substantially as enunciated in Dutcher v. Sanders, supra. But in Randolph v. Husch, 159 Wash. 490 , 294 P. 236, 237 , the court said: “If this were the first time we were called upon to construe the *228 statute, the logic of the appellant [that by the words ‘that he was entitled to the possession,’ plaintiff must show a legal right to possession in him] would be very appealing, but the statute has been on the books for many years, and we have repeatedly used la 1940Ed. 669 ; in Sunday v. Moore, 135 Wash. 414 , 237 P. 1014 ; and in Angel v. Ladas, 143 Wash. 622 , 255 P. 945 , is laid down the rule substantially as enunciated in Dutcher v. Sanders, supra. But in Randolph v. Husch, 159 Wash. 490 , 294 P. 236, 237 , the court said: “If this were the first time we were called upon to construe the *228 statute, the logic of the appellant [that by the words ‘that he was entitled to the possession,’ plaintiff must show a legal right to possession in him] would be very appealing, but the statute has been on the books for many years, and we have repeatedly used la | 1 | 1940–1940 |
Sunday v. Moore
green
2 sentences1940Ed. 669 ; in Sunday v. Moore, 135 Wash. 414 , 237 P. 1014 ; and in Angel v. Ladas, 143 Wash. 622 , 255 P. 945 , is laid down the rule substantially as enunciated in Dutcher v. Sanders, supra. But in Randolph v. Husch, 159 Wash. 490 , 294 P. 236, 237 , the court said: “If this were the first time we were called upon to construe the *228 statute, the logic of the appellant [that by the words ‘that he was entitled to the possession,’ plaintiff must show a legal right to possession in him] would be very appealing, but the statute has been on the books for many years, and we have repeatedly used la 1940Ed. 669 ; in Sunday v. Moore, 135 Wash. 414 , 237 P. 1014 ; and in Angel v. Ladas, 143 Wash. 622 , 255 P. 945 , is laid down the rule substantially as enunciated in Dutcher v. Sanders, supra. But in Randolph v. Husch, 159 Wash. 490 , 294 P. 236, 237 , the court said: “If this were the first time we were called upon to construe the *228 statute, the logic of the appellant [that by the words ‘that he was entitled to the possession,’ plaintiff must show a legal right to possession in him] would be very appealing, but the statute has been on the books for many years, and we have repeatedly used la | 1 | 1940–1940 |
McGuire v. State Bank of Tremonton
neutral
2 sentences1940It is true that in McQuire v. State Bank of Tremonton, 49 Utah 381 , 164 P. 494 ; Johnston v. Geary, 84 Utah 47 , 33 P. 2d 757 ; and United States Building & Loan Ass’n v. Midvale Home Finance Corporation, 86 Utah 506 , 44 P. 2d 1090 , rehearing, 86 Utah 522 , 46 P. 2d 672 , we so held, and that this view has been the rule in this court. 1940It is true that in McQuire v. State Bank of Tremonton, 49 Utah 381 , 164 P. 494 ; Johnston v. Geary, 84 Utah 47 , 33 P. 2d 757 ; and United States Building & Loan Ass’n v. Midvale Home Finance Corporation, 86 Utah 506 , 44 P. 2d 1090 , rehearing, 86 Utah 522 , 46 P. 2d 672 , we so held, and that this view has been the rule in this court. | 1 | 1940–1940 |
People v. Vélez
green
1 sentence1903So there are several California cases which give some support to the appellant’s theory, viz.: People v. Bush, 68 Cal. 623 , 10 Pac. 169 ; People v. Lowrey, 70 Cal. 193 , 11 Pac. 605 ; and People v. Yut Ling, 74 Cal. 659 , 16 Pac. 489 . | 1 | 1903–1903 |
People v. Bush
green
1 sentence1903So there are several California cases which give some support to the appellant’s theory, viz.: People v. Bush, 68 Cal. 623 , 10 Pac. 169 ; People v. Lowrey, 70 Cal. 193 , 11 Pac. 605 ; and People v. Yut Ling, 74 Cal. 659 , 16 Pac. 489 . | 1 | 1903–1903 |
People v. Lowrey
neutral
2 sentences1903So there are several California cases which give some support to the appellant’s theory, viz.: People v. Bush, 68 Cal. 623 , 10 Pac. 169 ; People v. Lowrey, 70 Cal. 193 , 11 Pac. 605 ; and People v. Yut Ling, 74 Cal. 659 , 16 Pac. 489 . 1903So there are several California cases which give some support to the appellant’s theory, viz.: People v. Bush, 68 Cal. 623 , 10 Pac. 169 ; People v. Lowrey, 70 Cal. 193 , 11 Pac. 605 ; and People v. Yut Ling, 74 Cal. 659 , 16 Pac. 489 . | 1 | 1903–1903 |
People v. Yut Ling
neutral
1 sentence1903So there are several California cases which give some support to the appellant’s theory, viz.: People v. Bush, 68 Cal. 623 , 10 Pac. 169 ; People v. Lowrey, 70 Cal. 193 , 11 Pac. 605 ; and People v. Yut Ling, 74 Cal. 659 , 16 Pac. 489 . | 1 | 1903–1903 |
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.