9 Utah opinions name it 1 courts 1993–2025 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 |
|---|---|---|
State v. Lucerogreen2 sentences2006ISSUES AND STANDARDS OF REVIEW ¶ 9 Wareham argues that the trial court’s reasonable doubt instruction misstated the law by including the word obviate. “ ‘A challenge to a jury instruction as incorrectly stating the law presents a question of law, which we review for correctness.’ ” State v. Weisberg, 2002 UT App 434, ¶ 12 , 62 P.3d 457 (quoting State v. Lucero, 866 P.2d 1, 3 (Utah Ct.App.1993)). ¶ 10 Wareham alleges that the trial court abused its discretion by denying Ware-ham’s motion to disqualify counsel. 2002ISSUES AND STANDARDS OF REVIEW ¶ 12 Weisberg first argues that the trial court improperly instructed the jury concerning the definition of “use of a weapon.” “A challenge to a jury instruction as incorrectly stating the law presents a question of law, which we review for correctness.” State v. Lucero, 866 P.2d 1 ; 3 (Utah Ct.App.1993). ¶ 13 Weisberg also argues that the trial court improperly denied his request to arrest judgment pursuant to rule 23 of the Utah Rules of Criminal Procedure. | 1 | 2 |
State v. Archuletagreen1 sentence1993State v. Archuleta, 850 P.2d 1232, 1244 (1993), cert. denied, — U.S. —, 114 S.Ct. 476 , 126 L.Ed.2d 427 (1993). | 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. Weisberg
green
2 sentences2011"Due process challenges are questions of law that we review applying a correction of error standard." West Valley City v. Roberts, 1999 UT App 358, ¶ 6 , 993 P.2d 252 . ¶ 5 Next, Prawitt argues that the jury instruction on refusal of chemical tests impermissibly shifted the State's burden of proof onto him. "`A challenge to a jury instruction as incorrectly stating the law presents a question of law, which we review for correctness.'" State v. Maese, 2010 UT App 106, ¶ 7 , 236 P.3d 155 (quoting State v. Weisberg, 2002 UT App 434, ¶ 12 , 62 P.3d 457 ), cert. denied, 247 P.3d 774 (Utah 2011). ¶ 2011"Due process challenges are questions of law that we review applying a correction of error standard." West Valley City v. Roberts, 1999 UT App 358, ¶ 6 , 993 P.2d 252 . ¶ 5 Next, Prawitt argues that the jury instruction on refusal of chemical tests impermissibly shifted the State's burden of proof onto him. "`A challenge to a jury instruction as incorrectly stating the law presents a question of law, which we review for correctness.'" State v. Maese, 2010 UT App 106, ¶ 7 , 236 P.3d 155 (quoting State v. Weisberg, 2002 UT App 434, ¶ 12 , 62 P.3d 457 ), cert. denied, 247 P.3d 774 (Utah 2011). ¶ | 3 | 2006–2011 |
State v. Maese
green
2 sentences2020“A challenge to a jury instruction as incorrectly stating the law presents a question of law, which we review for correctness.” 3 State v. Maese, 2010 UT App 106, ¶ 7 , 236 P.3d 155 (quotation simplified). 3. 2020“A challenge to a jury instruction as incorrectly stating the law presents a question of law, which we review for correctness.” 3 State v. Maese, 2010 UT App 106, ¶ 7 , 236 P.3d 155 (quotation simplified). 3. | 2 | 2011–2020 |
State v. Salgado
green
2 sentences2025“A challenge to a jury instruction as incorrectly stating the law presents a question of law, which we review for correctness.” State v. Salgado, 2018 UT App 139, ¶ 24 , 427 P.3d 1228 (cleaned up). 2025“A challenge to a jury instruction as incorrectly stating the law presents a question of law, which we review for correctness.” State v. Salgado, 2018 UT App 139, ¶ 24 , 427 P.3d 1228 (cleaned up). | 1 | 2025–2025 |
State v. Gollaher
green
2 sentences2024Ordinarily, “a challenge to a jury instruction as incorrectly stating the law presents a question of law, which we review for correctness.” State v. Gollaher, 2020 UT App 131, ¶ 20 , 474 P.3d 1018 (quotation simplified), cert. denied, 481 P.3d 1040 (Utah 2021). 2024Ordinarily, “a challenge to a jury instruction as incorrectly stating the law presents a question of law, which we review for correctness.” State v. Gollaher, 2020 UT App 131, ¶ 20 , 474 P.3d 1018 (quotation simplified), cert. denied, 481 P.3d 1040 (Utah 2021). | 1 | 2024–2024 |
State v. Prawitt
green
2 sentences2018"A challenge to a jury instruction as incorrectly stating the law presents a question of law, which we review for correctness." State v. Prawitt , 2011 UT App 261 , ¶ 5, 262 P.3d 1203 (quotation simplified). 2018"A challenge to a jury instruction as incorrectly stating the law presents a question of law, which we review for correctness." State v. Prawitt , 2011 UT App 261 , ¶ 5, 262 P.3d 1203 (quotation simplified). | 1 | 2018–2018 |
State v. Frausto
green
2 sentences2018But "[the] precise wording and specificity [of jury instructions] is left to the sound discretion of the trial court." State v. Frausto , 2002 UT App 259 , ¶ 18, 53 P.3d 486 . ¶25 Third, Salgado contends that the trial court erred in denying her request to instruct the jury on minimum-speed violation as a lesser included offense of DUI. 2018But "[the] precise wording and specificity [of jury instructions] is left to the sound discretion of the trial court." State v. Frausto , 2002 UT App 259 , ¶ 18, 53 P.3d 486 . ¶25 Third, Salgado contends that the trial court erred in denying her request to instruct the jury on minimum-speed violation as a lesser included offense of DUI. | 1 | 2018–2018 |
State v. Jackson
green
1 sentence2011"Due process challenges are questions of law that we review applying a correction of error standard." West Valley City v. Roberts, 1999 UT App 358, ¶ 6 , 993 P.2d 252 . ¶ 5 Next, Prawitt argues that the jury instruction on refusal of chemical tests impermissibly shifted the State's burden of proof onto him. "`A challenge to a jury instruction as incorrectly stating the law presents a question of law, which we review for correctness.'" State v. Maese, 2010 UT App 106, ¶ 7 , 236 P.3d 155 (quoting State v. Weisberg, 2002 UT App 434, ¶ 12 , 62 P.3d 457 ), cert. denied, 247 P.3d 774 (Utah 2011). ¶ | 1 | 2011–2011 |
West Valley City v. Roberts
green
2 sentences2011"Due process challenges are questions of law that we review applying a correction of error standard." West Valley City v. Roberts, 1999 UT App 358, ¶ 6 , 993 P.2d 252 . ¶ 5 Next, Prawitt argues that the jury instruction on refusal of chemical tests impermissibly shifted the State's burden of proof onto him. "`A challenge to a jury instruction as incorrectly stating the law presents a question of law, which we review for correctness.'" State v. Maese, 2010 UT App 106, ¶ 7 , 236 P.3d 155 (quoting State v. Weisberg, 2002 UT App 434, ¶ 12 , 62 P.3d 457 ), cert. denied, 247 P.3d 774 (Utah 2011). ¶ 2011"Due process challenges are questions of law that we review applying a correction of error standard." West Valley City v. Roberts, 1999 UT App 358, ¶ 6 , 993 P.2d 252 . ¶ 5 Next, Prawitt argues that the jury instruction on refusal of chemical tests impermissibly shifted the State's burden of proof onto him. "`A challenge to a jury instruction as incorrectly stating the law presents a question of law, which we review for correctness.'" State v. Maese, 2010 UT App 106, ¶ 7 , 236 P.3d 155 (quoting State v. Weisberg, 2002 UT App 434, ¶ 12 , 62 P.3d 457 ), cert. denied, 247 P.3d 774 (Utah 2011). ¶ | 1 | 2011–2011 |
Rhodes v. United States
green
1 sentence1993State v. Archuleta, 850 P.2d 1232, 1244 (1993), cert. denied, — U.S. —, 114 S.Ct. 476 , 126 L.Ed.2d 427 (1993). | 1 | 1993–1993 |
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.