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11 Utah opinions name it 2 courts 1932–2025 4 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. Shicklesgreen2 sentences2017In making this determination, we consider, among other things, the location where the crimes were committed, the nature of the offenses (both the similarity in conduct and the extent to which one offense advances the accomplishment of another), whether the crimes involved different victims, and whether the defendant had the opportunity to deliberately engage in the next- in-time offense.11 While they are certainly not the only factors relevant to the mandatory joinder analysis, these factors are well-suited to The concurrence also worries that the test we announce today will be misapplied in t 2017In making this determination, we consider, among other things, the location where the crimes were committed, the nature of the offenses (both the similarity in conduct and the extent to which one offense advances the accomplishment of another), whether the crimes involved different victims, and whether the defendant had the opportunity to deliberately engage in the next- in-time offense. 11 While they are certainly not the only factors relevant to the mandatory joinder analysis, these factors are well-suited to The concurrence also worries that the test we announce today will be misapplied in | 1 | 2 |
Searle v. Searlegreen1 sentence2025See Searle, 2001 UT App 367, ¶ 17 . | 1 | 1 |
Scott v. United Statesgreen1 sentence2024See, e.g., Scott v. United States, 436 U.S. 128, 137 (1978) (“[I]n making [the reasonableness] assessment[,] it is imperative that the facts be judged against an objective standard; would the facts available to the officer at the moment of the seizure or the search warrant a man of reasonable caution in the belief that the action taken was appropriate?” (cleaned up)). ¶55 Further, even if we were inclined to adopt the Brigham City test, it would not aid Tran’s appeal. | 1 | 1 |
State v. Steedgreen1 sentence2021See, e.g., Steed, 2015 UT 76, ¶ 8 ; State ex rel. | 1 | 1 |
State v. Hamiltongreen1 sentence2016See id. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sunrise Home Health and Hospice v. Nye
neutral
1 sentence2025However, even though an argument can be preserved if presented to the district court in proposed findings of fact and conclusions of law, the legal argument must still be 20230359-CA 16 2025 UT App 62 Sunrise Home Health v. Nye presented to the district court in such a way that it can rule on it. | 1 | 2025–2025 |
State v. Nielsen
green
2 sentences2022The OPC also claims that Spencer’s brief merely “recite|s] the same arguments in his appeal that he made in [his rule 60(b)(6) motion]” and “offers nothing by the way of analysis or evidence to show how the [district] court abused its discretion in denying his [m]Jotion.” We agree with the OPC. q14 Rule 24 of the Utah Rules of Appellate Procedure “prescribe[s] standards for the form, organization, and content of a brief on appeal.” State v. Nielsen, 2014 UT 10 , { 33, 326 P.3d 645 . 2022The OPC also claims that Spencer’s brief merely “recite|s] the same arguments in his appeal that he made in [his rule 60(b)(6) motion]” and “offers nothing by the way of analysis or evidence to show how the [district] court abused its discretion in denying his [m]Jotion.” We agree with the OPC. q14 Rule 24 of the Utah Rules of Appellate Procedure “prescribe[s] standards for the form, organization, and content of a brief on appeal.” State v. Nielsen, 2014 UT 10 , { 33, 326 P.3d 645 . | 1 | 2022–2022 |
Gregory & Swapp, PLLC v. Kranendonk
green
2 sentences2019Rather, to sustain a claim for intentional infliction of emotional distress, a defendant's alleged conduct "must be more than unreasonable, unkind, or unfair," it must instead be so severe as to "evoke outrage or revulsion." Cabaness v. Thomas , 2010 UT 23 , ¶ 38, 232 P.3d 486 , abrogated on other grounds by Gregory & Swapp, PLLC v. Kranendonk , 2018 UT 36 , ¶¶ 29-32, 424 P.3d 897 . ¶57 Although "the tort of intentional infliction of emotional distress is not ... subsumed within a defamation claim" in the same way a claim for tortious interference is when the alleged improper means is defamati 2019Rather, to sustain a claim for intentional infliction of emotional distress, a defendant's alleged conduct "must be more than unreasonable, unkind, or unfair," it must instead be so severe as to "evoke outrage or revulsion." Cabaness v. Thomas , 2010 UT 23 , ¶ 38, 232 P.3d 486 , abrogated on other grounds by Gregory & Swapp, PLLC v. Kranendonk , 2018 UT 36 , ¶¶ 29-32, 424 P.3d 897 . ¶57 Although "the tort of intentional infliction of emotional distress is not ... subsumed within a defamation claim" in the same way a claim for tortious interference is when the alleged improper means is defamati | 1 | 2019–2019 |
Russell v. Thomson Newspapers, Inc.
green
2 sentences2019Rather, to sustain a claim for intentional infliction of emotional distress, a defendant's alleged conduct "must be more than unreasonable, unkind, or unfair," it must instead be so severe as to "evoke outrage or revulsion." Cabaness v. Thomas , 2010 UT 23 , ¶ 38, 232 P.3d 486 , abrogated on other grounds by Gregory & Swapp, PLLC v. Kranendonk , 2018 UT 36 , ¶¶ 29-32, 424 P.3d 897 . ¶57 Although "the tort of intentional infliction of emotional distress is not ... subsumed within a defamation claim" in the same way a claim for tortious interference is when the alleged improper means is defamati 2019In that situation, "[a] plaintiff may not recover for the tort of emotional distress by reason of a defamatory publication absent a showing of the requisite level of fault." Id. at 906 . *946 ¶58 For two reasons, then, Davidson's and Smelt's claim for intentional infliction of emotional distress fails. | 1 | 2019–2019 |
Cabaness v. Thomas
green
2 sentences2019Rather, to sustain a claim for intentional infliction of emotional distress, a defendant's alleged conduct "must be more than unreasonable, unkind, or unfair," it must instead be so severe as to "evoke outrage or revulsion." Cabaness v. Thomas , 2010 UT 23 , ¶ 38, 232 P.3d 486 , abrogated on other grounds by Gregory & Swapp, PLLC v. Kranendonk , 2018 UT 36 , ¶¶ 29-32, 424 P.3d 897 . ¶57 Although "the tort of intentional infliction of emotional distress is not ... subsumed within a defamation claim" in the same way a claim for tortious interference is when the alleged improper means is defamati 2019Rather, to sustain a claim for intentional infliction of emotional distress, a defendant's alleged conduct "must be more than unreasonable, unkind, or unfair," it must instead be so severe as to "evoke outrage or revulsion." Cabaness v. Thomas , 2010 UT 23 , ¶ 38, 232 P.3d 486 , abrogated on other grounds by Gregory & Swapp, PLLC v. Kranendonk , 2018 UT 36 , ¶¶ 29-32, 424 P.3d 897 . ¶57 Although "the tort of intentional infliction of emotional distress is not ... subsumed within a defamation claim" in the same way a claim for tortious interference is when the alleged improper means is defamati | 1 | 2019–2019 |
Blackner v. State, Departmant of Transportation
green
2 sentences2015The case would have come out the same way under the standard we adopt today. 47 In Blackner the plaintiff was stopped on a canyon road waiting for a UDOT front-end loader to clear snow from an avalanche that had occurred earlier that morning. 2002 UT 44, ¶ 4 , 48 P.3d 949 . 2015The case would have come out the same way under the standard we adopt today. 47 In Blackner the plaintiff was stopped on a canyon road waiting for a UDOT front-end loader to clear snow from an avalanche that had occurred earlier that morning. 2002 UT 44, ¶ 4 , 48 P.3d 949 . | 1 | 2015–2015 |
State v. Anderton
green
2 sentences1947State v. Pollock, 102 Utah 587 , 129 P. 2d 554 ; State v. Kappas, 100 Utah 274 , 114 P. 2d 205 ; State v. Anderton, 81 Utah 320 , 17 P. 2d 917 ; State v. McGowan, 66 Utah 223 , 241 P. 314 ; State v. Bowen, 43 Utah 111 , 134 P. 623 . 1947State v. Pollock, 102 Utah 587 , 129 P. 2d 554 ; State v. Kappas, 100 Utah 274 , 114 P. 2d 205 ; State v. Anderton, 81 Utah 320 , 17 P. 2d 917 ; State v. McGowan, 66 Utah 223 , 241 P. 314 ; State v. Bowen, 43 Utah 111 , 134 P. 623 . | 1 | 1947–1947 |
State v. McGowan
green
2 sentences1947State v. Pollock, 102 Utah 587 , 129 P. 2d 554 ; State v. Kappas, 100 Utah 274 , 114 P. 2d 205 ; State v. Anderton, 81 Utah 320 , 17 P. 2d 917 ; State v. McGowan, 66 Utah 223 , 241 P. 314 ; State v. Bowen, 43 Utah 111 , 134 P. 623 . 1947State v. Pollock, 102 Utah 587 , 129 P. 2d 554 ; State v. Kappas, 100 Utah 274 , 114 P. 2d 205 ; State v. Anderton, 81 Utah 320 , 17 P. 2d 917 ; State v. McGowan, 66 Utah 223 , 241 P. 314 ; State v. Bowen, 43 Utah 111 , 134 P. 623 . | 1 | 1947–1947 |
State v. Kappas
green
2 sentences1947State v. Pollock, 102 Utah 587 , 129 P. 2d 554 ; State v. Kappas, 100 Utah 274 , 114 P. 2d 205 ; State v. Anderton, 81 Utah 320 , 17 P. 2d 917 ; State v. McGowan, 66 Utah 223 , 241 P. 314 ; State v. Bowen, 43 Utah 111 , 134 P. 623 . 1947State v. Pollock, 102 Utah 587 , 129 P. 2d 554 ; State v. Kappas, 100 Utah 274 , 114 P. 2d 205 ; State v. Anderton, 81 Utah 320 , 17 P. 2d 917 ; State v. McGowan, 66 Utah 223 , 241 P. 314 ; State v. Bowen, 43 Utah 111 , 134 P. 623 . | 1 | 1947–1947 |
State v. Pollock
neutral
2 sentences1947State v. Pollock, 102 Utah 587 , 129 P. 2d 554 ; State v. Kappas, 100 Utah 274 , 114 P. 2d 205 ; State v. Anderton, 81 Utah 320 , 17 P. 2d 917 ; State v. McGowan, 66 Utah 223 , 241 P. 314 ; State v. Bowen, 43 Utah 111 , 134 P. 623 . 1947State v. Pollock, 102 Utah 587 , 129 P. 2d 554 ; State v. Kappas, 100 Utah 274 , 114 P. 2d 205 ; State v. Anderton, 81 Utah 320 , 17 P. 2d 917 ; State v. McGowan, 66 Utah 223 , 241 P. 314 ; State v. Bowen, 43 Utah 111 , 134 P. 623 . | 1 | 1947–1947 |
State v. Bowen
neutral
2 sentences1947State v. Pollock, 102 Utah 587 , 129 P. 2d 554 ; State v. Kappas, 100 Utah 274 , 114 P. 2d 205 ; State v. Anderton, 81 Utah 320 , 17 P. 2d 917 ; State v. McGowan, 66 Utah 223 , 241 P. 314 ; State v. Bowen, 43 Utah 111 , 134 P. 623 . 1947State v. Pollock, 102 Utah 587 , 129 P. 2d 554 ; State v. Kappas, 100 Utah 274 , 114 P. 2d 205 ; State v. Anderton, 81 Utah 320 , 17 P. 2d 917 ; State v. McGowan, 66 Utah 223 , 241 P. 314 ; State v. Bowen, 43 Utah 111 , 134 P. 623 . | 1 | 1947–1947 |
Pixler v. Clemens
neutral
1 sentence1932“Failure to give a warning signal does not constitute negligence when there is no apparent necessity for such warning and the obligation to give such signal is not imposed under the circumstances by statute.” Pixler v. Clemens, 195 Iowa 529 , 191 N. W. 375 , 376. | 1 | 1932–1932 |
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.