10 Utah opinions name it 1 courts 1903–2025 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 |
|---|---|---|
United States v. Greengreen1 sentence2025See, e.g., United States v. Green, 617 F.3d 233, 249 (3d Cir. 2010). ¶27 If we adopt the distinction, Blackwing urges us to define it narrowly. | 1 | 1 |
United States v. Parkergreen1 sentence2025He argues that the intrinsic exception is a reincarnation of the English common law doctrine of res gestae, which functioned as an exception to the general common law prohibition against the “use of character or propensity evidence to establish a defendant’s guilt.” In his view, the intrinsic exception improperly “exempts from Rule 404(b) scrutiny any ‘evidence [that] is directly connected to the factual circumstances of the crime and provides contextual or background information to the jury.’” (Quoting United States v. Parker, 553 F.3d 1309, 1314 (10th Cir. 2009).) He urges us to follow the p | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Johnson
green
2 sentences1988We held in State v. Johnson, 740 P.2d 1264 (Utah 1987), that a res gestae analysis should be given to the statute so that the killing need not occur at the same instant as the felony, but that the killing and the felony must simply be one continuous interrelated occurrence. 1988We held in State v. Johnson, 740 P.2d 1264 (Utah 1987), that a res gestae analysis should be given to the statute so that the killing need not occur at the same instant as the felony, but that the killing and the felony must simply be one continuous interrelated occurrence. | 3 | 1987–2019 |
State v. Weddle
green
2 sentences1987That holding likewise applies here where we are concerned with the manner in which the killing occurred. *583 As to Part VIII, I base my concurrence on State v. Johnson, 740 P.2d 1264 (Utah 1987), where we employed the res gestae analysis which we adopted in State v. Weddle, 29 Utah 2d 464 , 511 P.2d 733 (1973). 1987That holding likewise applies here where we are concerned with the manner in which the killing occurred. *583 As to Part VIII, I base my concurrence on State v. Johnson, 740 P.2d 1264 (Utah 1987), where we employed the res gestae analysis which we adopted in State v. Weddle, 29 Utah 2d 464 , 511 P.2d 733 (1973). | 3 | 1987–2019 |
Jackson v. Utah Rapid Transit Co.
neutral
2 sentences1937We think sufficient is shown to indicate that the statement alleged to have been made by Theros Pass and offered to be proved was properly a part of the res gestae under the rule announced by this court in Jackson v. Utah Rapid Transit Co., 77 Utah 21 , 290 P. 970, 976 . 1937We think sufficient is shown to indicate that the statement alleged to have been made by Theros Pass and offered to be proved was properly a part of the res gestae under the rule announced by this court in Jackson v. Utah Rapid Transit Co., 77 Utah 21 , 290 P. 970, 976 . | 2 | 1932–1937 |
Green v. Lake Superior & Pacific Fuse Co.
neutral
1 sentence1914S. & P. F. Co., 46 Cal. 408 ; Cave v. Crafts, 53 Cal. 135 ; Spiers v. Duane, 54 Cal. 176 . 3, 4, 5 The rulings are further defended on the ground that the declarations of the so-called herder were admissible under the res gestae rule. | 1 | 1914–1914 |
Cave v. Crafts
green
1 sentence1914S. & P. F. Co., 46 Cal. 408 ; Cave v. Crafts, 53 Cal. 135 ; Spiers v. Duane, 54 Cal. 176 . 3, 4, 5 The rulings are further defended on the ground that the declarations of the so-called herder were admissible under the res gestae rule. | 1 | 1914–1914 |
Spiers v. Duane
neutral
1 sentence1914S. & P. F. Co., 46 Cal. 408 ; Cave v. Crafts, 53 Cal. 135 ; Spiers v. Duane, 54 Cal. 176 . 3, 4, 5 The rulings are further defended on the ground that the declarations of the so-called herder were admissible under the res gestae rule. | 1 | 1914–1914 |
Leach v. Oregon Short Line R. Co.
neutral
2 sentences1910(Leach v. Railroad, 29 Utah, 285 , 81 Pac. 90 , 110 Am. 1910(Leach v. Railroad, 29 Utah, 285 , 81 Pac. 90 , 110 Am. | 1 | 1910–1910 |
Eaton v. Newhall
green
1 sentence1903They are generally treated as admissible; though a few courts are found to exclude them, usually through a misapplication of the res gestae principle. ’ ’ In Commonwealth v. Trefethen, 157 Mass. 180 , 31 N. E. 961 , 24 L. | 1 | 1903–1903 |
Commonwealth v. Trefethen
green
1 sentence1903They are generally treated as admissible; though a few courts are found to exclude them, usually through a misapplication of the res gestae principle. ’ ’ In Commonwealth v. Trefethen, 157 Mass. 180 , 31 N. E. 961 , 24 L. | 1 | 1903–1903 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.