9 Utah opinions name it 2 courts 1988–2020 0 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. Merrillgreen2 sentences2020Under Utah law, Mitchell had two avenues for asserting claims for ineffective assistance of his district court counsel: (a) in the district court, whether at trial or in a post- trial motion; or (b) if such a claim was not “raised or addressed at trial or on appeal,” in a post-conviction proceeding under the _____________________________________________________________ 6 See Evitts v. Lucey, 469 U.S. 387, 396 (1985) (“A first appeal as of right . . . is not adjudicated in accord with due process of law if the appellant does not have the effective assistance of an attorney.”); see also State v. 2020Under Utah law, Mitchell had two avenues for asserting claims for ineffective assistance of his district court counsel: (a) in the district court, whether at trial or in a post- trial motion; or (b) if such a claim was not “raised or addressed at trial or on appeal,” in a post-conviction proceeding under the _____________________________________________________________ 6 See Evitts v. Lucey, 469 U.S. 387, 396 (1985) (“A first appeal as of right . . . is not adjudicated in accord with due process of law if the appellant does not have the effective assistance of an attorney.”); see also State v. | 1 | 1 |
Evitts v. Luceygreen2 sentences2020Under Utah law, Mitchell had two avenues for asserting claims for ineffective assistance of his district court counsel: (a) in the district court, whether at trial or in a post- trial motion; or (b) if such a claim was not “raised or addressed at trial or on appeal,” in a post-conviction proceeding under the _____________________________________________________________ 6 See Evitts v. Lucey, 469 U.S. 387, 396 (1985) (“A first appeal as of right . . . is not adjudicated in accord with due process of law if the appellant does not have the effective assistance of an attorney.”); see also State v. 2020Under Utah law, Mitchell had two avenues for asserting claims for ineffective assistance of his district court counsel: (a) in the district court, whether at trial or in a post- trial motion; or (b) if such a claim was not “raised or addressed at trial or on appeal,” in a post-conviction proceeding under the _____________________________________________________________ 6 See Evitts v. Lucey, 469 U.S. 387, 396 (1985) (“A first appeal as of right . . . is not adjudicated in accord with due process of law if the appellant does not have the effective assistance of an attorney.”); see also State v. | 1 | 1 |
Bergmann v. Bergmanngreen1 sentence2019See Bergmann v. Bergmann, 2018 UT App 130, ¶ 14 , (…continued) manner that the court had a meaningful opportunity to rule” on them, they are unpreserved and we decline to consider them. | 1 | 1 |
Allen v. Frielgreen2 sentences2013See Allen v. Friel, 2008 UT 56 ¶ 9 , 194 P.3d 903 (explaining, in the analogous context of our rules regarding adequate briefing on appeal, that we have "repeatedly noted that a brief is inadequate if it merely contains bald citations to authority [without] development of that authority and reasoned analysis based on that authority" (alteration in original, internal quotation marks omitted); Tolman v. Winchester Hills Water Co., 912 P.2d 457, 461 (Utah Ct.App.1996) (holding that "[the mere mention of an issue without introducing supporting evidence or relevant legal authority does not preserve 2013See Allen v. Friel, 2008 UT 56 ¶ 9 , 194 P.3d 903 (explaining, in the analogous context of our rules regarding adequate briefing on appeal, that we have "repeatedly noted that a brief is inadequate if it merely contains bald citations to authority [without] development of that authority and reasoned analysis based on that authority" (alteration in original, internal quotation marks omitted); Tolman v. Winchester Hills Water Co., 912 P.2d 457, 461 (Utah Ct.App.1996) (holding that "[the mere mention of an issue without introducing supporting evidence or relevant legal authority does not preserve | 1 | 1 |
Tolman v. Winchester Hills Water Co., Inc.green2 sentences2013See Allen v. Friel, 2008 UT 56 ¶ 9 , 194 P.3d 903 (explaining, in the analogous context of our rules regarding adequate briefing on appeal, that we have ―repeatedly noted that a brief is inadequate if it merely contains bald citations to authority [without] development of that authority and reasoned analysis based on that authority‖ (altera- tion in original, internal quotation marks omitted)); Tolman v. Winchester Hills Water Co., 912 P.2d 457, 461 (Utah Ct. App. 1996) (holding that ―[t]he mere mention of an issue without introducing supporting evidence or relevant legal authority does not pr 2013See Allen v. Friel, 2008 UT 56 ¶ 9 , 194 P.3d 903 (explaining, in the analogous context of our rules regarding adequate briefing on appeal, that we have "repeatedly noted that a brief is inadequate if it merely contains bald citations to authority [without] development of that authority and reasoned analysis based on that authority" (alteration in original, internal quotation marks omitted); Tolman v. Winchester Hills Water Co., 912 P.2d 457, 461 (Utah Ct.App.1996) (holding that "[the mere mention of an issue without introducing supporting evidence or relevant legal authority does not preserve | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hill v. Superior Property Management Services, Inc.
green
2 sentences2019Servs., Inc. , 2013 UT 60 , ¶ 46, 321 P.3d 1054 ("Preservation requires affording the district court a meaningful opportunity to rule on the ground that is advanced on appeal ...."). 2019Servs., Inc. , 2013 UT 60 , ¶ 46, 321 P.3d 1054 ("Preservation requires affording the district court a meaningful opportunity to rule on the ground that is advanced on appeal ...."). | 2 | 2018–2019 |
State v. Low
green
2 sentences2012Id. 1 45 Shaud failed to preserve a challenge to the constitutionality of the filing standard in the Adoption Act, Utah Code § 78B-6-121(4). 2012Id. ¶45 Shaud failed to preserve a challenge to the constitutionality of the filing standard in the Adoption Act, Utah Code § 78B-6-121(4). | 2 | 2012–2012 |
Logan v. Zimmerman Brush Co.
green
2 sentences2005Logan v. Zimmerman Brush Co., 455 U.S. 422, 437 , 102 S.Ct. 1148 , 71 L.Ed.2d 265 (1982). ¶ 29 Mr. Merrill contends that he did not enter a voluntary and knowing plea because he was suffering from religious delusions brought on as a side effect of his medicine, Zoloft. 2005Logan v. Zimmerman Brush Co., 455 U.S. 422, 437 , 102 S.Ct. 1148 , 71 L.Ed.2d 265 (1982). ¶ 29 Mr. Merrill contends that he did not enter a voluntary and knowing plea because he was suffering from religious delusions brought on as a side effect of his medicine, Zoloft. | 1 | 2005–2005 |
Donovan v. Lone Steer, Inc.
green
2 sentences1988Donovan v. Lone Steer, Inc., 464 U.S. 408 , 415, 104 S.Ct. 769 , 773, 78 L.Ed.2d 567 (1984). 1988Donovan v. Lone Steer, Inc., 464 U.S. 408 , 415, 104 S.Ct. 769 , 773, 78 L.Ed.2d 567 (1984). | 1 | 1988–1988 |
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.