10 Utah opinions name it 2 courts 1977–2024 1 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 |
|---|---|---|
Nunley v. Westates Casing Services, Inc.green2 sentences2012See generally Nunley v. Westates Casing Servs., Inc., 1999 UT 100, ¶ 22 , 989 P.2d 1077 ("In determining whether the parties created an enforceable contract, a court should consider all preliminary negotiations, offers, and counteroffers and interpret the various expressions of the parties for the purpose of deciding whether the parties reached agreement on complete and definite terms."). 2012See generally Nunley v. Westates Casing Servs., Inc., 1999 UT 100, ¶ 22 , 989 P.2d 1077 ("In determining whether the parties created an enforceable contract, a court should consider all preliminary negotiations, offers, and counteroffers and interpret the various expressions of the parties for the purpose of deciding whether the parties reached agreement on complete and definite terms."). | 1 | 1 |
State v. Arroyogreen1 sentence2006Generally, whether the requisite vol-untariness exists depends on the totality of all the surrounding circumstances — both the characteristics of the accused and the details of police conduct.” State v. Arroyo, 796 P.2d 684, 688-89 (Utah 1990) (quotations and citations omitted). | 1 | 1 |
Winn v. Estellegreen2 sentences1989In cases involving the venire, this Court has found a prima facie case on proof that members of the defendant's race were substantially underrepresented on the venire from which his jury was drawn, and that the venire was selected under a practice providing "the opportunity for discrimination." Whitus v. Georgia, [385 U.S.] at 552 [87 S.Ct. at 647]; see Castaneda v. Partida, [430 U.S.] at 494 [97 S.Ct. at 1280]; Washington v. Davis, [426 U.S.] at 241 [96 S.Ct. at 2048]; Alexander v. Louisiana, [405 U.S.] at 629-31 [92 S.Ct. at 1224-26].[ [2] ] This combination of factors raises the necessary i 1989In cases involving the venire, this Court has found a prima facie case on proof that members of the defendant’s race were substantially underrepresented on the venire from which his jury was drawn, and that the venire was selected under a practice providing “the opportunity for discrimination.” Whitus v. Georgia, [385 U.S.] at 552 [87 S.Ct. at 647]; see Castaneda v. Partida, [430 U.S.] at 494 [97 S.Ct. at 1280]; Washington v. Davis, [426 U.S.] at 241 [96 S.Ct. at 2048]; Alexander v. Louisiana, [405 U.S.] at 629-31 [92 S.Ct. at 1224-26].[ 2 ] This combination of factors raises the necessary inf | 1 | 1 |
State v. Greengreen2 sentences1977This combination test was initially approved by this Court in State v. Green, 78 Utah 580, 597 , 6 P.2d 177, 184 (1935), where it was stated that in a criminal case the defendant . . would be entitled to an acquittal if at that time (i. e., the time of the shooting and killing) he was . . . insane to such an extent that he either (1) did not know the nature of his act or (2) that when he fired the shot (which killed) he did not know it was wrong in the sense that such act was condemned by morals or law; or (3) that he was unable by reason of mental disease to control his actions or impulses to 1977This combination test was initially approved by this Court in State v. Green, 78 Utah 580, 597 , 6 P.2d 177, 184 (1935), where it was stated that in a criminal case the defendant . . would be entitled to an acquittal if at that time (i. e., the time of the shooting and killing) he was . . . insane to such an extent that he either (1) did not know the nature of his act or (2) that when he fired the shot (which killed) he did not know it was wrong in the sense that such act was condemned by morals or law; or (3) that he was unable by reason of mental disease to control his actions or impulses to | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Terry v. Ohio
green
2 sentences2013Terry, 392 U.S. at 21 , 88 S.Ct. 1868 . 2013Terry, 392 U.S. at 21 , 88 S.Ct. 1868 . | 2 | 2013–2013 |
Hoidal v. Berry
green
1 sentence2024The Donnelly court determined that “the district court gave sound reasons for 20220291-CA 10 2024 UT App 157 Hoidal v. Berry its decision” and that the wife had “failed to persuade” the court that this decision was “not adequately supported and explained”; the court therefore affirmed the district court’s decision to apply the earlier date under these circumstances. | 1 | 2024–2024 |
State v. Augustine
neutral
2 sentences2014T33 This court has held that the foregoing principles are sufficiently communicated to a jury by a combination of an instruction reciting section 76-2-202 verbatim and an instruction stating that to convict the defendant of attempted murder based on the accomplice liability statute the jury must find that he "intentionally attempted to cause the death of another person." State v. Augustine, 2013 UT App 61, 110 , 298 P.3d 693 (stating also that the jury had before it "compelling evidence of [the defendant's] liability as a principal"). 2014T33 This court has held that the foregoing principles are sufficiently communicated to a jury by a combination of an instruction reciting section 76-2-202 verbatim and an instruction stating that to convict the defendant of attempted murder based on the accomplice liability statute the jury must find that he "intentionally attempted to cause the death of another person." State v. Augustine, 2013 UT App 61, 110 , 298 P.3d 693 (stating also that the jury had before it "compelling evidence of [the defendant's] liability as a principal"). | 1 | 2014–2014 |
Donnelly v. Donnelly
green
1 sentence2013Thus, the district court relied on a combination of factors to determine the valuation date: Wife’s failure to contribute to the account’s increase in value during the parties’ separation; Wife’s failure to contribute to Husband’s ability to work during the separation; the extraordinarily long duration of the separation; the hostilities between the parties and Wife’s actions during the separation; and the “circumstances of this case” as more fully explained in the court’s earlier Memorandum Decision. 20100764‐CA 21 2013 UT App 84 Donnelly v. Donnelly ¶44 Wife argues that the court’s explanatio | 1 | 2013–2013 |
Fireman's Fund American Life Insurance Company v. Long
neutral
2 sentences1983Cal. 1978); Fielder v. Farmers New World Life Insurance Co., 435 F. Supp. 912 (C.D.Cal. 1977); Fireman's Fund American Life Insurance Co. v. Long, 148 Ga. App. 216 , 251 S.E.2d 133 (1978); Smith v. Mutual Beneficial Health & Accident Ass'n, 175 Kan. 68 , 258 P.2d 993 (1953); Cabell v. World Service Life Insurance Co., 599 S.W.2d 652 (1980). [2] We note that this particular combination of factors does not encompass forms of "travel through the air" which, although perhaps affected by some operator control, are accomplished by mechanical means, such as ski lifts, amusement park rides, etc. 1983Cal. 1978); Fielder v. Farmers New World Life Insurance Co., 435 F. Supp. 912 (C.D.Cal. 1977); Fireman's Fund American Life Insurance Co. v. Long, 148 Ga. App. 216 , 251 S.E.2d 133 (1978); Smith v. Mutual Beneficial Health & Accident Ass'n, 175 Kan. 68 , 258 P.2d 993 (1953); Cabell v. World Service Life Insurance Co., 599 S.W.2d 652 (1980). [2] We note that this particular combination of factors does not encompass forms of "travel through the air" which, although perhaps affected by some operator control, are accomplished by mechanical means, such as ski lifts, amusement park rides, etc. | 1 | 1983–1983 |
Smith v. Mutual Benefit Health & Accident Ass'n
green
2 sentences1983Cal. 1978); Fielder v. Farmers New World Life Insurance Co., 435 F. Supp. 912 (C.D.Cal. 1977); Fireman's Fund American Life Insurance Co. v. Long, 148 Ga. App. 216 , 251 S.E.2d 133 (1978); Smith v. Mutual Beneficial Health & Accident Ass'n, 175 Kan. 68 , 258 P.2d 993 (1953); Cabell v. World Service Life Insurance Co., 599 S.W.2d 652 (1980). [2] We note that this particular combination of factors does not encompass forms of "travel through the air" which, although perhaps affected by some operator control, are accomplished by mechanical means, such as ski lifts, amusement park rides, etc. 1983Cal. 1978); Fielder v. Farmers New World Life Insurance Co., 435 F. Supp. 912 (C.D.Cal. 1977); Fireman's Fund American Life Insurance Co. v. Long, 148 Ga. App. 216 , 251 S.E.2d 133 (1978); Smith v. Mutual Beneficial Health & Accident Ass'n, 175 Kan. 68 , 258 P.2d 993 (1953); Cabell v. World Service Life Insurance Co., 599 S.W.2d 652 (1980). [2] We note that this particular combination of factors does not encompass forms of "travel through the air" which, although perhaps affected by some operator control, are accomplished by mechanical means, such as ski lifts, amusement park rides, etc. | 1 | 1983–1983 |
Cabell v. World Service Life Insurance Co.
green
1 sentence1983Cal. 1978); Fielder v. Farmers New World Life Insurance Co., 435 F. Supp. 912 (C.D.Cal. 1977); Fireman's Fund American Life Insurance Co. v. Long, 148 Ga. App. 216 , 251 S.E.2d 133 (1978); Smith v. Mutual Beneficial Health & Accident Ass'n, 175 Kan. 68 , 258 P.2d 993 (1953); Cabell v. World Service Life Insurance Co., 599 S.W.2d 652 (1980). [2] We note that this particular combination of factors does not encompass forms of "travel through the air" which, although perhaps affected by some operator control, are accomplished by mechanical means, such as ski lifts, amusement park rides, etc. | 1 | 1983–1983 |
Fielder v. Farmers New World Life Insurance
green
1 sentence1983Cal. 1978); Fielder v. Farmers New World Life Insurance Co., 435 F. Supp. 912 (C.D.Cal. 1977); Fireman's Fund American Life Insurance Co. v. Long, 148 Ga. App. 216 , 251 S.E.2d 133 (1978); Smith v. Mutual Beneficial Health & Accident Ass'n, 175 Kan. 68 , 258 P.2d 993 (1953); Cabell v. World Service Life Insurance Co., 599 S.W.2d 652 (1980). [2] We note that this particular combination of factors does not encompass forms of "travel through the air" which, although perhaps affected by some operator control, are accomplished by mechanical means, such as ski lifts, amusement park rides, etc. | 1 | 1983–1983 |
State v. Poulson
green
2 sentences1977State v. Poulsen, 14 Utah 2d 213 , 381 P.2d 93 (1963). 1977State v. Poulsen, 14 Utah 2d 213 , 381 P.2d 93 (1963). | 1 | 1977–1977 |
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.