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9 Utah opinions name it 2 courts 1988–2022 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 |
|---|---|---|
State v. Bondsgreen2 sentences2022See State v. Bonds, 2019 UT App 156, ¶ 20 , 450 P.3d 120 . ¶31 The court of appeals agreed with Bonds on both issues. 2022See State v. Bonds, 2019 UT App 156, ¶ 20 , 450 P.3d 120 . ¶31 The court of appeals agreed with Bonds on both issues. | 1 | 1 |
State v. Garciagreen1 sentence2022See also, e.g., Lee, 2014 UT App 4, ¶ 27 (explaining that when ―the jury was instructed . . . to find that all of the listed elements were proven beyond a reasonable doubt, including that Lee acted under a reasonable belief that his actions were legally justifiable,‖ the ―instruction improperly placed the burden upon Lee to prove his affirmative defense beyond a 14 Cite as: 2022 UT 30 Opinion of the Court reasonable doubt‖); Garcia, 2016 UT App 59, ¶ 14 (noting that the imperfect self-defense instruction correctly stated the burden but an additional manslaughter instruction ―incorrectly stated | 1 | 1 |
State v. Leegreen1 sentence2022See also, e.g., Lee, 2014 UT App 4, ¶ 27 (explaining that when ―the jury was instructed . . . to find that all of the listed elements were proven beyond a reasonable doubt, including that Lee acted under a reasonable belief that his actions were legally justifiable,‖ the ―instruction improperly placed the burden upon Lee to prove his affirmative defense beyond a 14 Cite as: 2022 UT 30 Opinion of the Court reasonable doubt‖); Garcia, 2016 UT App 59, ¶ 14 (noting that the imperfect self-defense instruction correctly stated the burden but an additional manslaughter instruction ―incorrectly stated | 1 | 1 |
State v. Bullockgreen1 sentence2013Thus, if trial counsel's strategic decisions were "conscious and did not amount to ineffective assistance of counsel, this Court should refuse to consider the merits of the trial court's ruling." State v. Bullock, 791 P.2d 155, 159 (Utah 1989). 16 As detailed above, Feldmiller's counsel's decision to reject a manslaughter instruction and pursue an all or nothing defense constituted a legitimate trial strategy. | 1 | 1 |
State v. Medinagreen1 sentence2013The doctrine of invited error bars review for plain error when the defendant "led the trial court to believe that there was nothing wrong with the instruction." State v. Medina, 738 P.2d 1021, 1023 (Utah 1987). 122 Defendant also contends that his defense counsel was ineffective in several regards. | 1 | 1 |
State v. Gotschallgreen1 sentence2002See State v. Pearson, 943 P.2d 1347, 1350-51 (Utah 1997) (holding that failure to give a manslaughter instruction where the jury was instructed on both aggravated murder and the lesser included offense of murder is harmless error when the jury convicts of aggravated murder); see also State v. Gotschall, 782 P.2d 459, 463-64 (Utah 1989) (holding that where a jury is instructed on second degree murder and manslaughter and convicts defendant of second degree murder, even if the trial court's failure to instruct the jury on negligent homicide was error, such error was harmless); of State v. Oldroy | 1 | 1 |
State v. Pearsongreen1 sentence2002See State v. Pearson, 943 P.2d 1347, 1350-51 (Utah 1997) (holding that failure to give a manslaughter instruction where the jury was instructed on both aggravated murder and the lesser included offense of murder is harmless error when the jury convicts of aggravated murder); see also State v. Gotschall, 782 P.2d 459, 463-64 (Utah 1989) (holding that where a jury is instructed on second degree murder and manslaughter and convicts defendant of second degree murder, even if the trial court's failure to instruct the jury on negligent homicide was error, such error was harmless); of State v. Oldroy | 1 | 1 |
State v. Oldroydgreen1 sentence2002See State v. Pearson, 943 P.2d 1347, 1350-51 (Utah 1997) (holding that failure to give a manslaughter instruction where the jury was instructed on both aggravated murder and the lesser included offense of murder is harmless error when the jury convicts of aggravated murder); see also State v. Gotschall, 782 P.2d 459, 463-64 (Utah 1989) (holding that where a jury is instructed on second degree murder and manslaughter and convicts defendant of second degree murder, even if the trial court's failure to instruct the jury on negligent homicide was error, such error was harmless); of State v. Oldroy | 1 | 1 |
State v. Wattsgreen2 sentences1988See Bishop, 753 P.2d at 489-90; State v. Watts, 675 P.2d 566, 568 (Utah 1983). 1988See Bishop, 753 P.2d at 489-90 ; State v. Watts, 675 P.2d 566, 568 (Utah 1983). | 1 | 1 |
State v. Bishopgreen1 sentence1988See Bishop, 753 P.2d at 489-90 ; State v. Watts, 675 P.2d 566, 568 (Utah 1983). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Bradley
green
2 sentences2008The Court of Appeals of New York held that it was error for the trial court to include the manslaughter instruction because the defendant's position at trial was that he suffered from a progressive mental illness that "prevented him from appreciating the moral and legal import of his actions," not that he suffered a "temporary loss of control." Id. 2008The Court of Appeals of New York held that it was error for the trial court to include the manslaughter instruction because the defendant's position at trial was that he suffered from a progressive mental illness that "prevented him from appreciating the moral and legal import of his actions," not that he suffered a "temporary loss of control." Id. | 2 | 2008–2008 |
State v. Bonds
green
2 sentences2022If the State has not carried this burden, the defendant may only be convicted of Manslaughter. 8 Cite as: 2022 UT 30 Opinion of the Court ¶29 Bonds was convicted of murder and all of the other charges against him, except for one count of felony discharge of a firearm.5 ¶30 Bonds appealed, arguing—among other things—that his counsel provided ineffective assistance due to his failure to object to two things: the manslaughter instruction incorrectly reversing the applicable burden of proof for imperfect self-defense, and the State‘s violation of his Fifth Amendment right against self- incriminati 2022But here, the manslaughter instruction treated imperfect self-defense as an 10 Cite as: 2022 UT 30 Opinion of the Court element of manslaughter that had to be affirmatively proven beyond a reasonable doubt. | 1 | 2022–2022 |
Arriaga v. State
green
2 sentences2022Imperfect self-defense is an affirmative defense ―available when the defendant ‗caused the death of another . . . under a reasonable belief that the circumstances provided a legal justification or excuse for the conduct although the conduct was not legally justifiable or excusable under the circumstances.‘‖ Arriaga v. State, 2020 UT 37, ¶ 21 , 469 P.3d 914 (alteration in original) (quoting UTAH CODE § 76-5-203(4)(a)). 2022Imperfect self-defense is an affirmative defense ―available when the defendant ‗caused the death of another . . . under a reasonable belief that the circumstances provided a legal justification or excuse for the conduct although the conduct was not legally justifiable or excusable under the circumstances.‘‖ Arriaga v. State, 2020 UT 37, ¶ 21 , 469 P.3d 914 (alteration in original) (quoting UTAH CODE § 76-5-203(4)(a)). | 1 | 2022–2022 |
State v. Kruger
green
2 sentences2008State v. Kruger, 2000 UT 60, ¶ 15 , 6 P.3d 1116 . *1011 ¶ 27 Assuming manslaughter is a lesser included offense of murder, counsel was not ineffective for refusing to request an instruction in this case. 2008State v. Kruger, 2000 UT 60, ¶ 15 , 6 P.3d 1116 . *1011 ¶ 27 Assuming manslaughter is a lesser included offense of murder, counsel was not ineffective for refusing to request an instruction in this case. | 1 | 2008–2008 |
City of Hildale v. Cooke
green
1 sentence2001In this case, Bisner's argument that the manslaughter instruction "is confusing," which he bolsters with absolutely no case law, statutory analysis, or other legal authority, "does not even approach the high bar required to override stare decisis." City of Hildale v. Cooke, 2001 UT 56, ¶ 36 , 28 P.8d 697. | 1 | 2001–2001 |
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.