legal basis claim in Utah

11 Utah opinions name it 2 courts 1988–2020 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.

Followed or applied (7)

Case	Followed	Cited
State v. Kennedygreen utahctapp · 2015 · cited in 5 Utah opinions naming this issue, 2016–2020 2 sentences 2020Moreover, “the appellant must present the legal basis for her claim to the [district] court, not merely the underlying facts or tangentially related claim.” State v. Kennedy, 2015 UT App 152, ¶ 21 , 354 P.3d 775 (cleaned up). 2020Moreover, “the appellant must present the legal basis for her claim to the [district] court, not merely the underlying facts or tangentially related claim.” State v. Kennedy, 2015 UT App 152, ¶ 21 , 354 P.3d 775 (cleaned up).	1	5
State v. Martinezgreen utahctapp · 2015 · cited in 2 Utah opinions naming this issue, 2016–2017 2 sentences 2017See Martinez, 2015 UT App 193, ¶ 27 , 357 P.3d 27 (to preserve a claim for appeal, “[t]he appellant must present the legal basis for a claim to the trial court, not merely the underlying facts or a tangentially related claim” (additional brackets, citation, and internal quotation marks omitted)). ¶15 Even if Nay had preserved Hanson’s lack of memory as an issue, we would readily conclude that her claimed inability to remember making the confession or the circumstances of the interview did not render her unavailable for cross-examination about it at trial. 2017See Martinez, 2015 UT App 193, ¶ 27 , 357 P.3d 27 (to preserve a claim for appeal, “[t]he appellant must present the legal basis for a claim to the trial court, not merely the underlying facts or a tangentially related claim” (additional brackets, citation, and internal quotation marks omitted)). ¶15 Even if Nay had preserved Hanson’s lack of memory as an issue, we would readily conclude that her claimed inability to remember making the confession or the circumstances of the interview did not render her unavailable for cross-examination about it at trial.	1	2
State v. Ramirezgreen utah · 1991 · cited in 1 Utah opinions naming this issue, 2020–2020 1 sentence 2020See, e.g., State v. Ramirez, 817 P.2d 774, 778 (Utah 1991); State v. Guzman, 2006 UT 12, ¶ 21 , 133 P.3d 363 ; State v. Hubbard, 2002 UT 45, ¶ 25 , 48 P.3d 953 .	1	1
Thomas v. Mattenagreen utahctapp · 2017 · cited in 1 Utah opinions naming this issue, 2018–2018 2 sentences 2018See Johnson , 2017 UT 76 , ¶ 15, 416 P.3d 443 ; see also Thomas v. Mattena , 2017 UT App 81 , ¶ 8, 397 P.3d 856 (explaining that preservation requires that the legal basis of a claim be presented to the district court and not merely the underlying facts or a tangentially related claim); cf. Wohnoutka v. Kelley , 2014 UT App 154 , ¶ 6, 330 P.3d 762 (noting that it is not the duty of the appellate court to "scour the record to save an appeal"). 2018See Johnson , 2017 UT 76 , ¶ 15, 416 P.3d 443 ; see also Thomas v. Mattena , 2017 UT App 81 , ¶ 8, 397 P.3d 856 (explaining that preservation requires that the legal basis of a claim be presented to the district court and not merely the underlying facts or a tangentially related claim); cf. Wohnoutka v. Kelley , 2014 UT App 154 , ¶ 6, 330 P.3d 762 (noting that it is not the duty of the appellate court to "scour the record to save an appeal").	1	1
State v. Johnsongreen utah · 2017 · cited in 1 Utah opinions naming this issue, 2018–2018 2 sentences 2018Co. v. Graves , 2016 UT App 23 , ¶ 9, 367 P.3d 1029 (explaining that "the appellant must present the legal basis for a claim, not merely the underlying facts or a tangentially related claim," to preserve it for appeal (quotation simplified) ); see also State v. Johnson , 2017 UT 76 , ¶ 14 n.2, 416 P.3d 443 (noting that when an appellant raises an "entirely distinct legal theory" on appeal, the appellant has raised a "new claim or issue" rather than merely an argument in support of an existing issue). 2018Co. v. Graves , 2016 UT App 23 , ¶ 9, 367 P.3d 1029 (explaining that "the appellant must present the legal basis for a claim, not merely the underlying facts or a tangentially related claim," to preserve it for appeal (quotation simplified) ); see also State v. Johnson , 2017 UT 76 , ¶ 14 n.2, 416 P.3d 443 (noting that when an appellant raises an "entirely distinct legal theory" on appeal, the appellant has raised a "new claim or issue" rather than merely an argument in support of an existing issue).	1	1
State v. Bartholomewgreen wash · 1982 · cited in 1 Utah opinions naming this issue, 1988–1988 2 sentences 1988Although Lafferty does not specify the legal basis for his claim that admitting this evidence was error, he cites State v. Bartholomew, 98 Wash.2d 173, 196-97 , 654 P.2d 1170, 1184 (1982), 1259 vacated and remanded, 463 U.S. 1203 , 103 S.Ct. 3530 , 77 L.Ed.2d 1383 (1983), aff'd, 101 Wash.2d 631 , 683 P.2d 1079 (1984), for the proposition that evidence of other crimes must be limited to convictions. 1988Although Lafferty does not specify the legal basis for his claim that admitting this evidence was error, he cites State v. Bartholomew, 98 Wash.2d 173, 196-97 , 654 P.2d 1170, 1184 (1982), 1259 vacated and remanded, 463 U.S. 1203 , 103 S.Ct. 3530 , 77 L.Ed.2d 1383 (1983), aff'd, 101 Wash.2d 631 , 683 P.2d 1079 (1984), for the proposition that evidence of other crimes must be limited to convictions.	1	1
Clarence T. Gladden, Warden v. Martin Rene Fraziergreen ca9 · 1968 · cited in 1 Utah opinions naming this issue, 1988–1988 2 sentences 1988See supra note 5; Gladden v. Frazier, 388 F.2d 777, 780 (9th Cir.1968), aff'd sub nom. 1988See supra note 5; Gladden v. Frazier, 388 F.2d 777, 780 (9th Cir.1968), aff'd sub nom.	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 (12)

Case	Cited	Years
Wohnoutka v. Kelley green utahctapp · 2014 2 sentences 2018See Johnson , 2017 UT 76 , ¶ 15, 416 P.3d 443 ; see also Thomas v. Mattena , 2017 UT App 81 , ¶ 8, 397 P.3d 856 (explaining that preservation requires that the legal basis of a claim be presented to the district court and not merely the underlying facts or a tangentially related claim); cf. Wohnoutka v. Kelley , 2014 UT App 154 , ¶ 6, 330 P.3d 762 (noting that it is not the duty of the appellate court to "scour the record to save an appeal"). 2018See Johnson , 2017 UT 76 , ¶ 15, 416 P.3d 443 ; see also Thomas v. Mattena , 2017 UT App 81 , ¶ 8, 397 P.3d 856 (explaining that preservation requires that the legal basis of a claim be presented to the district court and not merely the underlying facts or a tangentially related claim); cf. Wohnoutka v. Kelley , 2014 UT App 154 , ¶ 6, 330 P.3d 762 (noting that it is not the duty of the appellate court to "scour the record to save an appeal").	3	2016–2018
Prime Insurance Company v. Graves neutral utahctapp · 2016 2 sentences 2018Co. v. Graves , 2016 UT App 23 , ¶ 9, 367 P.3d 1029 (explaining that "the appellant must present the legal basis for a claim, not merely the underlying facts or a tangentially related claim," to preserve it for appeal (quotation simplified) ); see also State v. Johnson , 2017 UT 76 , ¶ 14 n.2, 416 P.3d 443 (noting that when an appellant raises an "entirely distinct legal theory" on appeal, the appellant has raised a "new claim or issue" rather than merely an argument in support of an existing issue). 2018Co. v. Graves , 2016 UT App 23 , ¶ 9, 367 P.3d 1029 (explaining that "the appellant must present the legal basis for a claim, not merely the underlying facts or a tangentially related claim," to preserve it for appeal (quotation simplified) ); see also State v. Johnson , 2017 UT 76 , ¶ 14 n.2, 416 P.3d 443 (noting that when an appellant raises an "entirely distinct legal theory" on appeal, the appellant has raised a "new claim or issue" rather than merely an argument in support of an existing issue).	2	2017–2018
State v. Guzman green utah · 2006 2 sentences 2020See, e.g., State v. Ramirez, 817 P.2d 774, 778 (Utah 1991); State v. Guzman, 2006 UT 12, ¶ 21 , 133 P.3d 363 ; State v. Hubbard, 2002 UT 45, ¶ 25 , 48 P.3d 953 . 2020See, e.g., State v. Ramirez, 817 P.2d 774, 778 (Utah 1991); State v. Guzman, 2006 UT 12, ¶ 21 , 133 P.3d 363 ; State v. Hubbard, 2002 UT 45, ¶ 25 , 48 P.3d 953 .	1	2020–2020
State v. Hubbard green utah · 2002 2 sentences 2020See, e.g., State v. Ramirez, 817 P.2d 774, 778 (Utah 1991); State v. Guzman, 2006 UT 12, ¶ 21 , 133 P.3d 363 ; State v. Hubbard, 2002 UT 45, ¶ 25 , 48 P.3d 953 . 2020See, e.g., State v. Ramirez, 817 P.2d 774, 778 (Utah 1991); State v. Guzman, 2006 UT 12, ¶ 21 , 133 P.3d 363 ; State v. Hubbard, 2002 UT 45, ¶ 25 , 48 P.3d 953 .	1	2020–2020
Delaware v. Fensterer green scotus · 1985 2 sentences 2017As the United States Supreme Court has explained, “it does not follow that the right to cross-examine is denied by the State whenever the witness’ lapse of memory impedes one method of discrediting him.” Delaware v. Fensterer, 474 U.S. 15, 19 , 106 S.Ct. 292 , 88 L.Ed.2d 15 (1985). 2017As the United States Supreme Court has explained, “it does not follow that the right to cross-examine is denied by the State whenever the witness’ lapse of memory impedes one method of discrediting him.” Delaware v. Fensterer, 474 U.S. 15, 19 , 106 S.Ct. 292 , 88 L.Ed.2d 15 (1985).	1	2017–2017
State v. Dean green utah · 2004 2 sentences 2016Preservation requires an appellant to ‚present the legal basis for her claim to the trial court, not merely the underlying facts or a tangentially related claim.‛ State v. Kennedy, 2015 UT App 152, ¶ 20 , 354 P.3d 775 . ‚I+n general, appellate courts will not consider an issue, including constitutional arguments, raised for the first time on appeal unless the trial court committed plain error or the case involves exceptional circumstances.‛ State v. Dean, 2004 UT 63, ¶ 13 , 95 P.3d 276 . 2016Preservation requires an appellant to ‚present the legal basis for her claim to the trial court, not merely the underlying facts or a tangentially related claim.‛ State v. Kennedy, 2015 UT App 152, ¶ 20 , 354 P.3d 775 . ‚I+n general, appellate courts will not consider an issue, including constitutional arguments, raised for the first time on appeal unless the trial court committed plain error or the case involves exceptional circumstances.‛ State v. Dean, 2004 UT 63, ¶ 13 , 95 P.3d 276 .	1	2016–2016
State v. Widdison green utah · 2001 2 sentences 2007We are unpersuaded by this claim, concluding that the legal basis for his analysis is misplaced and his assertions are unsupported. ¶ 42 When a change of venue decision is challenged on appeal following a jury verdict, the determinative question is ‘“whether [the] defendant was ultimately tried by a fair and impartial jury.’ ” 3 State v. Stubbs, 2005 UT 65, ¶10 , 123 P.3d 407 (quoting State v. Widdison, 2001 UT 60, ¶ 38 , 28 P.3d 1278 ). 2007We are unpersuaded by this claim, concluding that the legal basis for his analysis is misplaced and his assertions are unsupported. ¶ 42 When a change of venue decision is challenged on appeal following a jury verdict, the determinative question is ‘“whether [the] defendant was ultimately tried by a fair and impartial jury.’ ” 3 State v. Stubbs, 2005 UT 65, ¶10 , 123 P.3d 407 (quoting State v. Widdison, 2001 UT 60, ¶ 38 , 28 P.3d 1278 ).	1	2007–2007
State v. Stubbs green utah · 2005 2 sentences 2007We are unpersuaded by this claim, concluding that the legal basis for his analysis is misplaced and his assertions are unsupported. ¶ 42 When a change of venue decision is challenged on appeal following a jury verdict, the determinative question is ‘“whether [the] defendant was ultimately tried by a fair and impartial jury.’ ” 3 State v. Stubbs, 2005 UT 65, ¶10 , 123 P.3d 407 (quoting State v. Widdison, 2001 UT 60, ¶ 38 , 28 P.3d 1278 ). 2007We are unpersuaded by this claim, concluding that the legal basis for his analysis is misplaced and his assertions are unsupported. ¶ 42 When a change of venue decision is challenged on appeal following a jury verdict, the determinative question is ‘“whether [the] defendant was ultimately tried by a fair and impartial jury.’ ” 3 State v. Stubbs, 2005 UT 65, ¶10 , 123 P.3d 407 (quoting State v. Widdison, 2001 UT 60, ¶ 38 , 28 P.3d 1278 ).	1	2007–2007
State v. Bartholomew green wash · 1984 2 sentences 1988Although Lafferty does not specify the legal basis for his claim that admitting this evidence was error, he cites State v. Bartholomew, 98 Wash.2d 173, 196-97 , 654 P.2d 1170, 1184 (1982), 1259 vacated and remanded, 463 U.S. 1203 , 103 S.Ct. 3530 , 77 L.Ed.2d 1383 (1983), aff'd, 101 Wash.2d 631 , 683 P.2d 1079 (1984), for the proposition that evidence of other crimes must be limited to convictions. 1988Although Lafferty does not specify the legal basis for his claim that admitting this evidence was error, he cites State v. Bartholomew, 98 Wash.2d 173, 196-97 , 654 P.2d 1170, 1184 (1982), 1259 vacated and remanded, 463 U.S. 1203 , 103 S.Ct. 3530 , 77 L.Ed.2d 1383 (1983), aff'd, 101 Wash.2d 631 , 683 P.2d 1079 (1984), for the proposition that evidence of other crimes must be limited to convictions.	1	1988–1988
Illinois v. Bean green scotus · 1983 2 sentences 1988Although Lafferty does not specify the legal basis for his claim that admitting this evidence was error, he cites State v. Bartholomew, 98 Wash.2d 173, 196-97 , 654 P.2d 1170, 1184 (1982), vacated and remanded, 463 U.S. 1203 , 103 S.Ct. 3530 , 77 L.Ed.2d 1383 (1983), aff'd, 101 Wash.2d 631 , 683 P.2d 1079 (1984), for the proposition that evidence of other crimes must be limited to convictions. 1988Although Lafferty does not specify the legal basis for his claim that admitting this evidence was error, he cites State v. Bartholomew, 98 Wash.2d 173, 196-97 , 654 P.2d 1170, 1184 (1982), *1259 vacated and remanded, 463 U.S. 1203 , 103 S.Ct. 3530 , 77 L.Ed.2d 1383 (1983), aff'd, 101 Wash.2d 631 , 683 P.2d 1079 (1984), for the proposition that evidence of other crimes must be limited to convictions.	1	1988–1988
Equal Employment Opportunity Commission v. Lockheed Missiles & Space Co. green scotus · 1983 2 sentences 1988Although Lafferty does not specify the legal basis for his claim that admitting this evidence was error, he cites State v. Bartholomew, 98 Wash.2d 173, 196-97 , 654 P.2d 1170, 1184 (1982), vacated and remanded, 463 U.S. 1203 , 103 S.Ct. 3530 , 77 L.Ed.2d 1383 (1983), aff'd, 101 Wash.2d 631 , 683 P.2d 1079 (1984), for the proposition that evidence of other crimes must be limited to convictions. 1988Although Lafferty does not specify the legal basis for his claim that admitting this evidence was error, he cites State v. Bartholomew, 98 Wash.2d 173, 196-97 , 654 P.2d 1170, 1184 (1982), *1259 vacated and remanded, 463 U.S. 1203 , 103 S.Ct. 3530 , 77 L.Ed.2d 1383 (1983), aff'd, 101 Wash.2d 631 , 683 P.2d 1079 (1984), for the proposition that evidence of other crimes must be limited to convictions.	1	1988–1988
Washington v. Bartholomew red scotus · 1983 2 sentences 1988Although Lafferty does not specify the legal basis for his claim that admitting this evidence was error, he cites State v. Bartholomew, 98 Wash.2d 173, 196-97 , 654 P.2d 1170, 1184 (1982), vacated and remanded, 463 U.S. 1203 , 103 S.Ct. 3530 , 77 L.Ed.2d 1383 (1983), aff'd, 101 Wash.2d 631 , 683 P.2d 1079 (1984), for the proposition that evidence of other crimes must be limited to convictions. 1988Although Lafferty does not specify the legal basis for his claim that admitting this evidence was error, he cites State v. Bartholomew, 98 Wash.2d 173, 196-97 , 654 P.2d 1170, 1184 (1982), *1259 vacated and remanded, 463 U.S. 1203 , 103 S.Ct. 3530 , 77 L.Ed.2d 1383 (1983), aff'd, 101 Wash.2d 631 , 683 P.2d 1079 (1984), for the proposition that evidence of other crimes must be limited to convictions.	1	1988–1988

Where else courts name it

CA 45 (1941–2026) TX 34 (1963–2026) FL 22 (1991–2024) TN 16 (2015–2026) IL 15 (1889–2026) OK 14 (1997–2023) UT 11 (1988–2020) MI 10 (1907–2025) CO 8 (1988–2025) MN 8 (1986–2002) NY 6 (1988–2016) NV 6 (2011–2020) MA 5 (1997–2025) MO 4 (1994–2025) NC 3 (1993–2019) PA 3 (1973–2026) WA 3 (1994–2025) OR 3 (2019–2023) MS 2 (2009–2019) WI 2 (1994–2010) AL 2 (1989–2005) ND 2 (2010–2010) CT 2 (1992–2020) LA 2 (1992–1993) NJ 2 (1959–2006) NM 2 (1971–2024)

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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