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9 Utah opinions name it 2 courts 1991–2022 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 |
|---|---|---|
Barabas v. Rogersgreen1 sentence2022Ct. App. 20210276-CA 10 2022 UT App 132 Bowers v. Burkhart 2000) (“The parent seeking to change the child’s surname has the burden of proving that the change will further the child’s best interests.”); Barabas v. Rogers, 868 S.W.2d 283, 285 (Tenn. Ct. App. 1993) (“Parties seeking to change a child’s surname bear the burden . . . .”). 3 ¶26 We have previously articulated a set of factors that are designed to aid courts in determining whether a parent has shown that a name change would be in the child’s best interest. | 1 | 1 |
Bowers v. Burkhartgreen1 sentence2022Ct. App. 20210276-CA 10 2022 UT App 132 Bowers v. Burkhart 2000) (“The parent seeking to change the child’s surname has the burden of proving that the change will further the child’s best interests.”); Barabas v. Rogers, 868 S.W.2d 283, 285 (Tenn. Ct. App. 1993) (“Parties seeking to change a child’s surname bear the burden . . . .”). 3 ¶26 We have previously articulated a set of factors that are designed to aid courts in determining whether a parent has shown that a name change would be in the child’s best interest. | 1 | 1 |
Hamby v. Jacobsongreen1 sentence2022See Hamby, 769 P.2d at 277 . | 1 | 1 |
State v. Lowthergreen2 sentences2019See State v. Lowther, 2015 UT App 180, ¶ 25 , 356 P.3d 173 (“Given this court’s decision in State v. Labrum, to interpret Verde as replacing Shickles, the trial court’s strict adherence to Shickles is misplaced.”), aff’d on other grounds, 2017 UT 34 , 398 P.3d 1032 . 2019See State v. Lowther, 2015 UT App 180, ¶ 25 , 356 P.3d 173 (“Given this court’s decision in State v. Labrum, to interpret Verde as replacing Shickles, the trial court’s strict adherence to Shickles is misplaced.”), aff’d on other grounds, 2017 UT 34 , 398 P.3d 1032 . | 1 | 1 |
State v. Lowthergreen2 sentences2019See State v. Lowther, 2015 UT App 180, ¶ 25 , 356 P.3d 173 (“Given this court’s decision in State v. Labrum, to interpret Verde as replacing Shickles, the trial court’s strict adherence to Shickles is misplaced.”), aff’d on other grounds, 2017 UT 34 , 398 P.3d 1032 . 2019See State v. Lowther, 2015 UT App 180, ¶ 25 , 356 P.3d 173 (“Given this court’s decision in State v. Labrum, to interpret Verde as replacing Shickles, the trial court’s strict adherence to Shickles is misplaced.”), aff’d on other grounds, 2017 UT 34 , 398 P.3d 1032 . | 1 | 1 |
State v. Lucerogreen2 sentences2017See State v. Lucero, 2014 UT 15, ¶ 32 , 328 P.3d 841 . 15 STATE v. LOWTHER Opinion of the Court The court of appeals has resolved that tension by concluding that “[w]here the context involves a doctrine of chances analysis, we read Verde as having displaced the Shickles factors—for purposes of assessing the ‘probative value’ aspect of the rule 403 analysis—with a focus on materiality, similarity, independence, and frequency.”52 Significantly, in this case, it recast Verde’s four foundational requirements as “factors” for purposes of a rule 403 analysis.53 ¶ 34 This interpretation of Verde and 2017See State v. Lucero, 2014 UT 15, ¶ 32 , 328 P.3d 841 . 15 STATE v. LOWTHER Opinion of the Court The court of appeals has resolved that tension by concluding that “[w]here the context involves a doctrine of chances analysis, we read Verde as having displaced the Shickles factors—for purposes of assessing the ‘probative value’ aspect of the rule 403 analysis—with a focus on materiality, similarity, independence, and frequency.”52 Significantly, in this case, it recast Verde’s four foundational requirements as “factors” for purposes of a rule 403 analysis.53 ¶ 34 This interpretation of Verde and | 1 | 1 |
McBride v. Utah State Bargreen2 sentences2015See McBride, 2010 UT 60, ¶ 16 , 242 P.3d 769 . ¶ 31 Kropf nevertheless contends that the hearing he received did not comply with the requirements of the stalking statute. 2015See McBride, 2010 UT 60, ¶ 16 , 242 P.3d 769 . ¶ 31 Kropf nevertheless contends that the hearing he received did not comply with the requirements of the stalking statute. | 1 | 1 |
Records v. Briggsgreen1 sentence2002See 16 Am.Jur.2d Conflict of Laws § 8 (1998), quoted in Records, 887 P.2d at 868 n. 8. | 1 | 1 |
Forsman v. Forsmangreen1 sentence2002See Forsman v. Forsman, 779 P.2d 218, 219-20 (Utah 1989). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
State v. Shicklesgreen2 sentences2019In State v. Shickles, the supreme court articulated a set of factors district courts should consider in conducting a rule 403 balancing test prior to admitting 404(b) evidence. 760 P.2d 291 , 295–96 (Utah 1988), abrogated by State v. Doporto, 935 P.2d 484 (Utah 1997). 2019In State v. Shickles , the supreme court articulated a set of factors district courts should consider in conducting a rule 403 balancing test prior to admitting 404(b) evidence. 760 P.2d 291 , 295-96 (Utah 1988), abrogated by State v. Doporto , 935 P.2d 484 (Utah 1997). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
State v. Verde
green
2 sentences2019In State v. Verde, 2012 UT 60 , 296 P.3d 673 , abrogated on other grounds by State v. Thornton, 2017 UT 9 , 391 P.3d 1016 , the court articulated a different set of factors courts should consider for the doctrine of chances but it was unclear whether those factors were intended to replace the Shickles factors under rule 403. 2019In State v. Verde, 2012 UT 60 , 296 P.3d 673 , abrogated on other grounds by State v. Thornton, 2017 UT 9 , 391 P.3d 1016 , the court articulated a different set of factors courts should consider for the doctrine of chances but it was unclear whether those factors were intended to replace the Shickles factors under rule 403. | 1 | 2019–2019 |
State v. Doporto
green
2 sentences2019In State v. Shickles, the supreme court articulated a set of factors district courts should consider in conducting a rule 403 balancing test prior to admitting 404(b) evidence. 760 P.2d 291 , 295–96 (Utah 1988), abrogated by State v. Doporto, 935 P.2d 484 (Utah 1997). 2019In State v. Shickles , the supreme court articulated a set of factors district courts should consider in conducting a rule 403 balancing test prior to admitting 404(b) evidence. 760 P.2d 291 , 295-96 (Utah 1988), abrogated by State v. Doporto , 935 P.2d 484 (Utah 1997). | 1 | 2019–2019 |
State v. Thornton
green
2 sentences2019In State v. Verde, 2012 UT 60 , 296 P.3d 673 , abrogated on other grounds by State v. Thornton, 2017 UT 9 , 391 P.3d 1016 , the court articulated a different set of factors courts should consider for the doctrine of chances but it was unclear whether those factors were intended to replace the Shickles factors under rule 403. 2019In State v. Verde, 2012 UT 60 , 296 P.3d 673 , abrogated on other grounds by State v. Thornton, 2017 UT 9 , 391 P.3d 1016 , the court articulated a different set of factors courts should consider for the doctrine of chances but it was unclear whether those factors were intended to replace the Shickles factors under rule 403. | 1 | 2019–2019 |
Yuanzong Fu v. Rhodes
green
1 sentence2013Although the court acknowledged that “in most cases, lesser sanctions are usually sufficient and more appropriate in moving a case along,” it found the more severe sanction of default judgment to be appropriate in this case, stating, “[B]ased upon the [D]efendants’ continued failures to comply with timely discovery, their failure to comply with the Court’s previously entered Order to Compel, and their failure to comply with the Case Management Orders, . . . 20110081‐CA 3 2013 UT App 120 Fu v. Rhodes [Fu’s] Motion is based on good cause and should be granted.” The trial court instructed Fu to p | 1 | 2013–2013 |
State in Interest of JJT
green
1 sentence1994We have recently noted our trepidation about the applicability of res judicata to "child custody and related proceedings ... where the welfare of children is at stake.” In re 877 P.2d 161 , 163 (Utah App. 1994). | 1 | 1994–1994 |
Edwards v. Arizona
green
2 sentences1991The state calls our attention to Oregon v. Elstad, 470 U.S. 298 , 105 S.Ct. 1285 , 84 L.Ed.2d 222 (1985), and claims we improperly relied on Edwards v. Arizona, 451 U.S. 477 , 101 S.Ct. 1880 , 68 L.Ed.2d 378 (1981). 1991The state calls our attention to Oregon v. Elstad, 470 U.S. 298 , 105 S.Ct. 1285 , 84 L.Ed.2d 222 (1985), and claims we improperly relied on Edwards v. Arizona, 451 U.S. 477 , 101 S.Ct. 1880 , 68 L.Ed.2d 378 (1981). | 1 | 1991–1991 |
Michigan v. Mosley
green
2 sentences1991The State also urges us to follow the rule of Michigan v. Mosley, 423 U.S. 96 , 96 S.Ct. 321 , 46 L.Ed.2d 313 (1975), where the Supreme Court held that a second interrogation following two hours after the initial invocation of Miranda rights, and addressing a crime unrelated to that for which defendant was arrested, did not violate Miranda when a new set of warnings was administered. 1991The State also urges us to follow the rule of Michigan v. Mosley, 423 U.S. 96 , 96 S.Ct. 321 , 46 L.Ed.2d 313 (1975), where the Supreme Court held that a second interrogation following two hours after the initial invocation of Miranda rights, and addressing a crime unrelated to that for which defendant was arrested, did not violate Miranda when a new set of warnings was administered. | 1 | 1991–1991 |
Oregon v. Elstad
green
2 sentences1991The state calls our attention to Oregon v. Elstad, 470 U.S. 298 , 105 S.Ct. 1285 , 84 L.Ed.2d 222 (1985), and claims we improperly relied on Edwards v. Arizona, 451 U.S. 477 , 101 S.Ct. 1880 , 68 L.Ed.2d 378 (1981). 1991The state calls our attention to Oregon v. Elstad, 470 U.S. 298 , 105 S.Ct. 1285 , 84 L.Ed.2d 222 (1985), and claims we improperly relied on Edwards v. Arizona, 451 U.S. 477 , 101 S.Ct. 1880 , 68 L.Ed.2d 378 (1981). | 1 | 1991–1991 |
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.