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10 Utah opinions name it 2 courts 1896–2025 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 |
|---|---|---|
In the Interest of Abgreen2 sentences2017See In re A.B., 2007 UT App 286, ¶ 10 , 168 P.3d 820 ; In re R.A.J., 1999 UT App 329, ¶ 6 , 991 P.2d 1118 . 2017See In re A.B., 2007 UT App 286, ¶ 10 , 168 P.3d 820 ; In re R.A.J., 1999 UT App 329, ¶ 6 , 991 P.2d 1118 . | 2 | 2 |
Fernandez v. Cookgreen1 sentence2012See Benvenuto v. State, 2007 UT 53, ¶ 16 , 165 P.3d 1195 (explaining that a petitioner must "demonstrate that the failure to raise that ground was due to ineffective assistance of counsel" (internal quotation marks omitted)); Fernandez v. Cook, 870 P.2d 870, 877 (Utah 1993) (recognizing that the petitioner "bears the burden of proving his claim of ineffective assistance of counsel"). . | 1 | 1 |
Benvenuto v. Stategreen2 sentences2012See Benvenuto v. State, 2007 UT 53, ¶ 16 , 165 P.3d 1195 (explaining that a petitioner must "demonstrate that the failure to raise that ground was due to ineffective assistance of counsel" (internal quotation marks omitted)); Fernandez v. Cook, 870 P.2d 870, 877 (Utah 1993) (recognizing that the petitioner "bears the burden of proving his claim of ineffective assistance of counsel"). . 2012See Benvenuto v. State, 2007 UT 53, ¶ 16 , 165 P.3d 1195 (explaining that a petitioner must "demonstrate that the failure to raise that ground was due to ineffective assistance of counsel" (internal quotation marks omitted)); Fernandez v. Cook, 870 P.2d 870, 877 (Utah 1993) (recognizing that the petitioner "bears the burden of proving his claim of ineffective assistance of counsel"). . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
T.L.W. v. Office of the Guardian Ad Litem
green
2 sentences2017See In re A.B., 2007 UT App 286, ¶ 10 , 168 P.3d 820 ; In re R.A.J., 1999 UT App 329, ¶ 6 , 991 P.2d 1118 . 2017See In re A.B., 2007 UT App 286, ¶ 10 , 168 P.3d 820 ; In re R.A.J., 1999 UT App 329, ¶ 6 , 991 P.2d 1118 . | 2 | 2017–2017 |
State Ex Rel. Raj
green
2 sentences2017See In re A.B., 2007 UT App 286, ¶ 10 , 168 P.3d 820 ; In re R.A.J., 1999 UT App 329, ¶ 6 , 991 P.2d 1118 . 2017See In re A.B., 2007 UT App 286, ¶ 10 , 168 P.3d 820 ; In re R.A.J., 1999 UT App 329, ¶ 6 , 991 P.2d 1118 . | 2 | 2017–2017 |
Mackey v. Krause
green
1 sentence2025The 8 Cite as: 2025 UT 37 Opinion of the Court district court believed that “it is the [d]efendant who has the burden of proving a privilege applies.” The district court rejected Krause’s arguments that his statements are “subject to the legislative proceeding privilege and . . . conditional privileges,” and that Mackey’s “complaint did not include sufficient facts to overcome the conditional privileges.” Because Krause “failed to present evidence or arguments sufficient to prove that his statements were protected by” any privileges, the court decided that Krause failed to carry his burden. ¶2 | 1 | 2025–2025 |
Peng v. Meeks
green
1 sentence2024Second, the doctors argue that the district court 2 Cite as: 2024 UT 5 Opinion of the Court erred when it declined to grant them judgment as a matter of law on the survival claim because Ms. Meeks did not provide any evidence that Ms. Birt experienced pain, suffering, or inconvenience in the hours between the doctors’ negligence and her death. ¶6 We hold that the district court correctly instructed the jury that Ms. Meeks had the burden of proving the standard of care to establish medical malpractice. | 1 | 2024–2024 |
Peak Alarm Co., Inc. v. Salt Lake City Corp.
green
1 sentence2012Moreover, "once a defendant claims qualified immunity, the plaintiff always has the burden of proving that immunity is improper under the two-part test." Peak Alarm Co. Inc. v. Salt Lake City Corp., 2010 UT 22, ¶ 41 , 248 P.3d 1221 . | 1 | 2012–2012 |
State v. Byers
green
2 sentences1995In addition to placing the burden of proof by clear and convincing evidence on the defendant, the statute abolishes the volitional prong of the M'Naghten defense. [16] Criminal Justice Mental Health Standards 260 (first tent. draft (1983)), adapted in 2 Standards for Criminal Justice ch. 7 (2d ed. 1986 Supp.); ABA Standards, 7-6.1 & commentary, at 336-38. [17] American Psychiatric Association Statement on the Insanity Defense 140 Am.J.Psychiatry 681, 683 (1983). [18] AMA Committee Report, Insanity Defense in Criminal Trials and Limitation of Psychiatric Testimony, 251 JAMA 2967 , 2976 (1984) ( 1995In addition to placing the burden of proof by clear and convincing evidence on the defendant, the statute abolishes the volitional prong of the M'Naghten defense. [16] Criminal Justice Mental Health Standards 260 (first tent. draft (1983)), adapted in 2 Standards for Criminal Justice ch. 7 (2d ed. 1986 Supp.); ABA Standards, 7-6.1 & commentary, at 336-38. [17] American Psychiatric Association Statement on the Insanity Defense 140 Am.J.Psychiatry 681, 683 (1983). [18] AMA Committee Report, Insanity Defense in Criminal Trials and Limitation of Psychiatric Testimony, 251 JAMA 2967 , 2976 (1984) ( | 1 | 1995–1995 |
People v. Germany
green
2 sentences1993And with respect to concerns about staleness should a retrial become necessary as a result of a successful petition, this point must be kept in mind: While the governmental interest in eliminating stale claims is a legitimate one, it must be remembered that any increasing staleness is offset by a decreasing state interest in punishment: “The farther in time a postconviction proceeding is from the original conviction, the more difficult will be retrial but, equally, the greater the portion of the original sentence that will already have been completed.” People v. Germany, 674 P.2d 345 , 350 n. 1993And with respect to concerns about staleness should a retrial become necessary as a result of a successful petition, this point must be kept in mind: While the governmental interest in eliminating stale claims is a legitimate one, it must be remembered that any increasing staleness is offset by a decreasing state interest in punishment: "The farther in time a postconviction proceeding is from the original conviction, the more difficult will be retrial but, equally, the greater the portion of the original sentence that will already have been completed." People v. Germany, 674 P.2d 345 , 350 n. | 1 | 1993–1993 |
Clay v. New York Life Insurance Co.
neutral
2 sentences1943Co., 183 Minn. 275 , 236 N. W. 305 , where the court on the basis of Lickleider v. Iowa, etc., Ass’n., infra, held without discussion that the burden was on the insurer to prove that disease caused the event which produced the injuries. 1943Co., 183 Minn. 275 , 236 N. W. 305 , where the court on the basis of Lickleider v. Iowa, etc., Ass’n., infra, held without discussion that the burden was on the insurer to prove that disease caused the event which produced the injuries. | 1 | 1943–1943 |
Borland v. Haven
green
1 sentence1896Borland v. Haven, 37 Fed. 394 ; Comp. | 1 | 1896–1896 |
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.