first part test (Utah) · Go Syfert
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first part test in Utah

63 Utah opinions name it 2 courts 1911–2026 22 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.

Followed or applied (29)

CaseFollowedCited
State v. Scottgreen
utah · 2020 · cited in 19 Utah opinions naming this issue, 2020–2026
2 sentences

2026The first part of this analysis involves an assessment of the objective reasonableness of counsel’s actions, see State v. Scott, 2020 UT 13, ¶ 35 , 462 P.3d 350 , and “requires [a] showing . . . that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment,” Strickland, 466 U.S. at 687 .

2026The first part of this analysis involves an assessment of the objective reasonableness of counsel’s actions, see State v. Scott, 2020 UT 13, ¶ 35 , 462 P.3d 350 , and “requires [a] showing . . . that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment,” Strickland, 466 U.S. at 687 .

1519
Strickland v. Washingtongreen
scotus · 1984 · cited in 11 Utah opinions naming this issue, 2004–2026
2 sentences

2026The first part of this analysis involves an assessment of the objective reasonableness of counsel’s actions, see State v. Scott, 2020 UT 13, ¶ 35 , 462 P.3d 350 , and “requires [a] showing . . . that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment,” Strickland, 466 U.S. at 687 .

2026The first part of this inquiry involves an assessment of the objective reasonableness of counsel’s actions, see State v. Scott, 2020 UT 13, ¶ 35 , 462 P.3d 350 , and “requires [a] showing . . . that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment,” Strickland, 466 U.S. at 687 .

311
Archuleta v. Galetkagreen
utah · 2011 · cited in 6 Utah opinions naming this issue, 2020–2023
2 sentences

2023Because “failure to satisfy either part of the ineffective assistance test is fatal to a defendant’s claim,” State v. Popp, 2019 UT App 173, ¶ 48 , 453 P.3d 657 (quotation simplified), cert. denied, 485 P.3d 943 (Utah 2021), we need not “address both components of the inquiry if we determine that [Stephanie] has made an insufficient showing on one,” see Archuleta v. Galetka, 2011 UT 73, ¶ 41 , 267 P.3d 232 (quotation simplified). ¶91 The first part of the test requires Stephanie to show that Trial Counsel’s performance “fell below an objective standard of reasonableness.” Scott, 2020 UT 13, ¶

2023Because “failure to satisfy either part of the ineffective assistance test is fatal to a defendant’s claim,” State v. Popp, 2019 UT App 173, ¶ 48 , 453 P.3d 657 (quotation simplified), cert. denied, 485 P.3d 943 (Utah 2021), we need not “address both components of the inquiry if we determine that [Stephanie] has made an insufficient showing on one,” see Archuleta v. Galetka, 2011 UT 73, ¶ 41 , 267 P.3d 232 (quotation simplified). ¶91 The first part of the test requires Stephanie to show that Trial Counsel’s performance “fell below an objective standard of reasonableness.” Scott, 2020 UT 13, ¶

36
In Re JPgreen
utah · 1982 · cited in 2 Utah opinions naming this issue, 2018–2018
2 sentences

2018See In re J.P. , 648 P.2d at 1374 -75 .

2018See In re J.P., 648 P.2d at 1374–75.

22
State v. Clarkgreen
utah · 2004 · cited in 6 Utah opinions naming this issue, 2010–2020
2 sentences

2020See, e.g., State v. Clark, 2004 UT 25, ¶ 6 , 89 P.3d 162 (“To satisfy the first part of the test, defendant must overcome the strong presumption that [his] trial counsel rendered adequate assistance, by persuading the court that there was no conceivable __________________________________________________________ 7 We note the concern of amicus curiae that “virtually any act or omission of trial counsel could be construed as part of a hypothetical ‘strategy’ (rather than an error that is objectively unreasonable).” But when inquiring whether counsel may have had a sound trial strategy, it must f

2020See, e.g., State v. Clark, 2004 UT 25, ¶ 6 , 89 P.3d 162 (“To satisfy the first part of the test, defendant must overcome the strong presumption that [his] trial counsel rendered adequate assistance, by persuading the court that there was no conceivable __________________________________________________________ 7 We note the concern of amicus curiae that “virtually any act or omission of trial counsel could be construed as part of a hypothetical ‘strategy’ (rather than an error that is objectively unreasonable).” But when inquiring whether counsel may have had a sound trial strategy, it must f

16
State v. Raygreen
utah · 2020 · cited in 3 Utah opinions naming this issue, 2020–2024
2 sentences

2024ANALYSIS ¶55 To succeed on a claim of ineffective assistance of counsel, Gourdin must make a two-part showing: (1) that Trial Counsel’s performance was deficient in that it “fell below an objective standard of reasonableness,” and (2) that this deficient performance “prejudiced the defense” such that “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland v. Washington, 466 U.S. 668 , 687–88, 694 (1984); accord State v. Scott, 2020 UT 13, ¶ 28 , 462 P.3d 350 ; State v. Ray, 2020 UT 12, ¶ 24 , 469 P.3d

2024ANALYSIS ¶55 To succeed on a claim of ineffective assistance of counsel, Gourdin must make a two-part showing: (1) that Trial Counsel’s performance was deficient in that it “fell below an objective standard of reasonableness,” and (2) that this deficient performance “prejudiced the defense” such that “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland v. Washington, 466 U.S. 668 , 687–88, 694 (1984); accord State v. Scott, 2020 UT 13, ¶ 28 , 462 P.3d 350 ; State v. Ray, 2020 UT 12, ¶ 24 , 469 P.3d

13
Howes v. Fieldsgreen
scotus · 2012 · cited in 3 Utah opinions naming this issue, 2018–2023
2 sentences

2019If “an individual’s freedom of movement was curtailed,” the court must then determine “whether the relevant environment presents the same inherently coercive pressures as the type of station house questioning at issue in Miranda.” Id. ¶30 The first part of this inquiry—whether a reasonable person would have felt free to leave—is an objective one.

2018If "an individual's freedom of movement was curtailed," the focus turns to "whether the relevant environment presents the same inherently coercive pressures as the type of station house questioning at issue in Miranda ." Id. ¶22 The first part of this inquiry-whether a reasonable person would have felt free to leave-requires "examin[ing] all of the circumstances surrounding the interrogation" to determine "how a suspect would have gauge[d] his freedom of movement." Id. (second alteration in original) (citations omitted) (internal quotation marks omitted).

13
J. D. B. v. North Carolinagreen
scotus · 2011 · cited in 2 Utah opinions naming this issue, 2018–2019
2 sentences

2019See J.D.B. v. North Carolina, 564 U.S. 261, 271 (2011) (stating that the inquiry “involves no consideration of the actual mindset of the particular suspect” because “the subjective views harbored by either the interrogating officers or the person being questioned are irrelevant” (quotation simplified)).

2018Declining to "demarcate a limited set of relevant circumstances," the United States Supreme Court requires courts to look at "all of the circumstances surrounding the interrogation, including any circumstance that would have affected how a reasonable person in the suspect's position would perceive his or her freedom to leave." J.D.B. v. North Carolina , 564 U.S. 261 , 270-71, 131 S.Ct. 2394 , 180 L.Ed.2d 310 (2011) (citations omitted) (internal quotation marks omitted).

12
Norman v. Murray First Thrift & Loan Co.green
utah · 1979 · cited in 2 Utah opinions naming this issue, 2015–2015
2 sentences

2015The first part of the test, often called the "formalities requirement," requires the movant to show "such unity of interest and ownership that the separate personalities of the corporation and the individual no longer exist." Norman, 596 P.2d at 1030 ; see also Messick v. PHD Trucking Serv., Inc., 678 P.2d 791, 794 (Utah 1984).

2015"The first part of the test, often called the "formalities requirement, requires the movant to show 'such unity of interest and ownership that the separate personalities of the corporation and the individual no longer exist"" Id. (quoting Norman v. Murray First Thrift & Loan Co., 596 P.2d 1028, 1030 (Utah 1979)).

12
State v. Chacongreen
utah · 1998 · cited in 2 Utah opinions naming this issue, 2005–2012
2 sentences

2012The prejudice component can be shown by demonstrating that there is "a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Millard, 2010 UT App 355 , 114, 246 P.3d 151 (internal quotation marks omitted); see also State v. Chacon, 962 P.2d 48, 51 (Utah 1998) (stating that prejudice must be "a demonstrable reality and not a speculative matter" (internal quotation marks omitted)). 16 According to Welborn, trial counsel was deficient because he did not argue to the sentencing court that the probation provision, "by virtue o

2005The supreme court determined that "because defendant's trial counsel did not make a reasonable investigation into the possibility of procuring prospective defense witnesses," this met the first part of the test, id., that trial counsel "rendered deficient performance which fell below an objective standard of reasonable professional judgment." Chacon, 962 P.2d at 50 . 120 Likewise, after the rule 28B hearing in the instant case, the trial court's findings of fact and conclusions of law reflected the following: 5 (1) prior to trial, Defendant informed trial counsel of relatives who could serve a

12
State v. Crosbygreen
utah · 1996 · cited in 2 Utah opinions naming this issue, 2004–2010
2 sentences

2010"To satisfy the first part of the test, defendant must overcome the 'strong presumption that [his] trial counsel rendered adequate assistance."" Id. (quoting State v. Crosby, 927 P.2d 638, 644 (Utah 1996)) (alterations in original). 123 In State v. Carter, we questioned whether victim impact evidence concerning a defendant's blameworthiness was probative and held that victim impact evidence was inadmissible in capital sentencing. 888 P.2d 629, 652-58 (Utah 1995), superseded by statute, Utah Code Ann. § 76-8-2070 )(a)@i) (1995) ("This censure of victim impact evidence in capital cases applies t

2010"To satisfy the first part of the test, defendant must overcome the `strong presumption that [his] trial counsel rendered adequate assistance.'" Id. (quoting State v. Crosby, 927 P.2d 638, 644 (Utah 1996)) (alterations in original). ¶ 23 In State v. Carter , we questioned whether victim impact evidence concerning a defendant's blameworthiness was probative and held that victim impact evidence was inadmissible in capital sentencing. 888 P.2d 629, 652-53 (Utah 1995), superseded by statute, Utah Code Ann. § 76-3-207 (2)(a)(iii) (1995) ("This censure of victim impact evidence in capital cases appl

12
Jenkins v. Swangreen
utah · 1983 · cited in 1 Utah opinions naming this issue, 2021–2021
11
State v. Jamiesongreen
utahctapp · 2021 · cited in 1 Utah opinions naming this issue, 2021–2021
11
State v. Newtongreen
utah · 2020 · cited in 1 Utah opinions naming this issue, 2021–2021
11
State v. Lewisgreen
utahctapp · 2014 · cited in 1 Utah opinions naming this issue, 2020–2020
11
State v. Vallejogreen
utah · 2019 · cited in 1 Utah opinions naming this issue, 2020–2020
11
Messick v. PHD Trucking Service, Inc.green
utah · 1984 · cited in 1 Utah opinions naming this issue, 2015–2015
11
State v. Cartergreen
utah · 1995 · cited in 1 Utah opinions naming this issue, 2010–2010
11
Parsons v. Barnesgreen
utah · 1994 · cited in 1 Utah opinions naming this issue, 2010–2010
11
Kelly v. Salt Lake City Civil Service Commissiongreen
utahctapp · 2000 · cited in 1 Utah opinions naming this issue, 2007–2007
11
State v. Bryantgreen
utahctapp · 1998 · cited in 1 Utah opinions naming this issue, 2004–2004
11
United States v. Louis B. Scottgreen
ca5 · 1982 · cited in 1 Utah opinions naming this issue, 1998–1998
11
State v. Johnsongreen
utah · 1987 · cited in 1 Utah opinions naming this issue, 1998–1998
11
Taylor v. Wardengreen
utah · 1995 · cited in 1 Utah opinions naming this issue, 1996–1996
11
Consolidation Coal Co. v. Utah Division of State Lands & Forestrygreen
utah · 1994 · cited in 1 Utah opinions naming this issue, 1996–1996
11
State v. Thamergreen
utah · 1989 · cited in 1 Utah opinions naming this issue, 1994–1994
11
Carlisle v. Coxgreen
utah · 1973 · cited in 1 Utah opinions naming this issue, 1992–1992
11
Wilcox v. Clowardgreen
utah · 1936 · cited in 1 Utah opinions naming this issue, 1992–1992
11
Poulsen v. Poulsengreen
utah · 1983 · cited in 1 Utah opinions naming this issue, 1988–1988
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway.

Also cited on this issue (44)

CaseCitedYears
State v. Whytock green
utahctapp · 2020
2 sentences

2022“A defendant must satisfy both parts of this test in order to successfully establish ineffective assistance.” State v. Whytock, 2020 UT App 107, ¶ 26 , 469 P.3d 1150 . ¶26 The first part of the test requires Garcia-Lorenzo to show that his attorney’s performance “fell below an objective standard of reasonableness.” Scott, 2020 UT 13, ¶ 31 (quotation simplified).

2022“A defendant must satisfy both parts of this test in order to successfully establish ineffective assistance.” State v. Whytock, 2020 UT App 107, ¶ 26 , 469 P.3d 1150 . ¶26 The first part of the test requires Garcia-Lorenzo to show that his attorney’s performance “fell below an objective standard of reasonableness.” Scott, 2020 UT 13, ¶ 31 (quotation simplified).

42021–2022
State v. Millard green
utahctapp · 2010
2 sentences

2012"Failure to establish either prong is fatal to [Veale's] ineffective assistance claim." Pedersen, 2010 UT App 38, ¶ 13 , 227 P.3d 1264 . 15 To satisfy the first part of the test, Veale "must overcome the strong presumption that [his] trial counsel rendered adequate assistance by persuading the court that there was no conceivable tactical basis for counsel's actions." State v. Millard, 2010 UT App 355, ¶ 14 , 246 P.3d 151 (alteration in original) (internal quotation marks omitted).

2012"Failure to establish either prong is fatal to [Veale's] ineffective assistance claim." Pedersen, 2010 UT App 38, ¶ 13 , 227 P.3d 1264 . 15 To satisfy the first part of the test, Veale "must overcome the strong presumption that [his] trial counsel rendered adequate assistance by persuading the court that there was no conceivable tactical basis for counsel's actions." State v. Millard, 2010 UT App 355, ¶ 14 , 246 P.3d 151 (alteration in original) (internal quotation marks omitted).

32012–2012
State v. Kufrin green
utahctapp · 2024
2 sentences

2026Thus, “if either is lacking, the claim fails and this court need not address the other.” State v. Kufrin, 2024 UT App 86, ¶ 55 , 551 P.3d 416 (cleaned up). ¶25 The first part of this test requires Durfee to show that Counsel’s performance “fell below an objective standard of reasonableness.” Scott, 2020 UT 13, ¶ 31 (cleaned up).

2026Thus, “if either is lacking, the claim fails and this court need not address the other.” State v. Kufrin, 2024 UT App 86, ¶ 55 , 551 P.3d 416 (cleaned up). ¶34 The first part of the test requires James to show that Counsel’s performance “fell below an objective standard of reasonableness.” Scott, 2020 UT 13, ¶ 31 (cleaned up).

22026–2026
State v. Jessop green
utahctapp · 2023
2 sentences

2025But “if the court does find that an individual’s freedom of movement was curtailed, the focus turns to whether the relevant environment presented the same inherently coercive pressures as the type of station house questioning at issue in Miranda.” Id. (quotation simplified). ¶17 “The first part of this inquiry—whether a reasonable person would have felt free to leave—is an objective one.” Id. ¶ 41 (quotation simplified).

2025But “if the court does find that an individual’s freedom of movement was curtailed, the focus turns to whether the relevant environment presented the same inherently coercive pressures as the type of station house questioning at issue in Miranda.” Id. (quotation simplified). ¶31 “The first part of this inquiry—whether a reasonable person would have felt free to leave—is an objective one.” Id. ¶ 41 (quotation simplified).

22025–2025
State v. Popp green
utahctapp · 2019
2 sentences

2023Because “failure to satisfy either part of the ineffective assistance test is fatal to a defendant’s claim,” State v. Popp, 2019 UT App 173, ¶ 48 , 453 P.3d 657 (quotation simplified), cert. denied, 485 P.3d 943 (Utah 2021), we need not “address both components of the inquiry if we determine that [Stephanie] has made an insufficient showing on one,” see Archuleta v. Galetka, 2011 UT 73, ¶ 41 , 267 P.3d 232 (quotation simplified). ¶91 The first part of the test requires Stephanie to show that Trial Counsel’s performance “fell below an objective standard of reasonableness.” Scott, 2020 UT 13, ¶

2023Because “failure to satisfy either part of the ineffective assistance test is fatal to a defendant’s claim,” State v. Popp, 2019 UT App 173, ¶ 48 , 453 P.3d 657 (quotation simplified), cert. denied, 485 P.3d 943 (Utah 2021), we need not “address both components of the inquiry if we determine that [Stephanie] has made an insufficient showing on one,” see Archuleta v. Galetka, 2011 UT 73, ¶ 41 , 267 P.3d 232 (quotation simplified). ¶91 The first part of the test requires Stephanie to show that Trial Counsel’s performance “fell below an objective standard of reasonableness.” Scott, 2020 UT 13, ¶

22020–2023
State v. Pedersen green
utahctapp · 2010
2 sentences

2012"Failure to establish either prong is fatal to [Veale's] ineffective assistance claim." Pedersen, 2010 UT App 38, ¶ 13 , 227 P.3d 1264 . 15 To satisfy the first part of the test, Veale "must overcome the strong presumption that [his] trial counsel rendered adequate assistance by persuading the court that there was no conceivable tactical basis for counsel's actions." State v. Millard, 2010 UT App 355, ¶ 14 , 246 P.3d 151 (alteration in original) (internal quotation marks omitted).

2012"Failure to establish either prong is fatal to [Veale's] ineffective assistance claim." Pedersen, 2010 UT App 38, ¶ 13 , 227 P.3d 1264 . 15 To satisfy the first part of the test, Veale "must overcome the strong presumption that [his] trial counsel rendered adequate assistance by persuading the court that there was no conceivable tactical basis for counsel's actions." State v. Millard, 2010 UT App 355, ¶ 14 , 246 P.3d 151 (alteration in original) (internal quotation marks omitted).

22012–2012
State v. Decorso green
utah · 1999
2 sentences

2005In determining whether evidence is admissible under rule 404(b), a "trial court must determine (1) whether such evidence is being offered for a proper, noncharacter purpose under 404(b), (2) whether such evidence meets the requirements of rule 402, and (3) whether this evidence meets the requirements of rule 403." State v. Decorso, 1999 UT 57, ¶ 20 , 993 P.2d 837 . ¶ 71 Under the first part of this test, "the proponent must demonstrate that the evidence is actually being offered for a proper, noncharacter purpose, such as those specifically listed in" rule 404(b).

2005In determining whether evidence is admissible under rule 404(b), a "trial court must determine (1) whether such evidence is being offered for a proper, noncharacter purpose under 404(b), (2) whether such evidence meets the requirements of rule 402, and (3) whether this evidence meets the requirements of rule 403." State v. Decorso, 1999 UT 57, ¶ 20 , 993 P.2d 837 . ¶ 71 Under the first part of this test, "the proponent must demonstrate that the evidence is actually being offered for a proper, noncharacter purpose, such as those specifically listed in" rule 404(b).

22001–2005
State v. Durfee green
utahctapp · 2026
1 sentence

2026In evaluating an attorney’s performance, courts often examine whether the attorney had a strategic reason for taking the 20230410-CA 10 2026 UT App 42 State v. Durfee challenged action.

12026–2026
Turner v. University of Utah Hospitals & Clinics green
utah · 2013
1 sentence

2026“Rather, as long as (a) all of the party’s peremptory challenges were used and (b) a juror who was previously challenged for cause ends up being seated on the jury, the issue of jury bias has been preserved.” Id. 6 Here, Whitefeather meets the first part of this test—he used all of his peremptory challenges—but he cannot meet the second, because no juror that was challenged for cause ended up being seated on the jury.

12026–2026
State v. Goddard green
utahctapp · 2021
2 sentences

2025“Relevant factors include, but are not limited to, the location of the questioning, its duration, statements made during the interview, the presence or absence of physical restraints during the questioning, and the release of the interviewee at the end of the questioning.” Id. (quotation simplified). ¶32 Here, Bush’s conversation with Officer took place just outside his own home—not in a police car or at the police station, settings that are “inherently coercive.” State v. Goddard, 2021 UT App 124, ¶ 51 , 501 P.3d 1188 , cert. denied, 505 P.3d 55 (Utah 2022).

2025“Relevant factors include, but are not limited to, the location of the questioning, its duration, statements made during the interview, the presence or absence of physical restraints during the questioning, and the release of the interviewee at the end of the questioning.” Id. (quotation simplified). ¶32 Here, Bush’s conversation with Officer took place just outside his own home—not in a police car or at the police station, settings that are “inherently coercive.” State v. Goddard, 2021 UT App 124, ¶ 51 , 501 P.3d 1188 , cert. denied, 505 P.3d 55 (Utah 2022).

12025–2025
State v. Samora green
utah · 2023
2 sentences

2025And with respect to the first part of the test, an attorney’s performance is considered to be deficient “if the alleged conduct fell below an objective standard of reasonableness under prevailing professional norms.” State v. Samora, 2023 UT 5, ¶ 20 , 529 P.3d 330 (cleaned up). ¶25 In this case, Mendoza asserts that Counsel rendered ineffective assistance in three particulars: (1) by failing to object to what he calls “prosecutorial misconduct” when the prosecutor argued, during both opening statement and closing argument, that the jury could use evidence of guilt on Count 2 as propensity evid

2025And with respect to the first part of the test, an attorney’s performance is considered to be deficient “if the alleged conduct fell below an objective standard of reasonableness under prevailing professional norms.” State v. Samora, 2023 UT 5, ¶ 20 , 529 P.3d 330 (cleaned up). ¶25 In this case, Mendoza asserts that Counsel rendered ineffective assistance in three particulars: (1) by failing to object to what he calls “prosecutorial misconduct” when the prosecutor argued, during both opening statement and closing argument, that the jury could use evidence of guilt on Count 2 as propensity evid

12025–2025
State v. Mendoza green
utahctapp · 2025
1 sentence

2025And with respect to the first part of the test, an attorney’s performance is considered to be deficient “if the alleged conduct fell below an objective standard of reasonableness under prevailing professional norms.” State v. Samora, 2023 UT 5, ¶ 20 , 529 P.3d 330 (cleaned up). ¶25 In this case, Mendoza asserts that Counsel rendered ineffective assistance in three particulars: (1) by failing to object to what he calls “prosecutorial misconduct” when the prosecutor argued, during both opening statement and closing argument, that the jury could use evidence of guilt on Count 2 as propensity evid

12025–2025
Ragsdale v. Fishler green
utah · 2020
1 sentence

2024That is, Hunt does not challenge the court’s determination that—if he engaged Fishler, 2021 UT 29 , 491 P.3d 835 , did not expressly overrule our pronouncement in Ellison, we must of course follow our supreme court’s admonitions to the extent they are inconsistent with our own, and we do so here. 20230753-CA 6 2024 UT App 117 Harris v. Hunt in a course of conduct directed at Harris—his actions would have caused a reasonable person in Harris’s situation to either (i) fear for their or someone else’s safety or (ii) suffer emotional distress.

12024–2024
Harris v. Hunt green
utahctapp · 2024
1 sentence

2024That is, Hunt does not challenge the court’s determination that—if he engaged Fishler, 2021 UT 29 , 491 P.3d 835 , did not expressly overrule our pronouncement in Ellison, we must of course follow our supreme court’s admonitions to the extent they are inconsistent with our own, and we do so here. 20230753-CA 6 2024 UT App 117 Harris v. Hunt in a course of conduct directed at Harris—his actions would have caused a reasonable person in Harris’s situation to either (i) fear for their or someone else’s safety or (ii) suffer emotional distress.

12024–2024
In re B.D. green
utahctapp · 2024
1 sentence

2024To avoid perpetuating this misuse of terminology and to better capture the unique nature of the latter part of the rule, we refer to Mother’s rule 34(e) response as a “no-contest response,” per our recent decision, In re B.D., 2024 UT App 104, ¶ 12 . 20230310-CA 4 2024 UT App 147 In re J.M. abused and neglected.

12024–2024
In re J.M... neutral
utahctapp · 2024
1 sentence

2024To avoid perpetuating this misuse of terminology and to better capture the unique nature of the latter part of the rule, we refer to Mother’s rule 34(e) response as a “no-contest response,” per our recent decision, In re B.D., 2024 UT App 104, ¶ 12 . 20230310-CA 4 2024 UT App 147 In re J.M. abused and neglected.

12024–2024
State v. Fredrick green
utahctapp · 2019
2 sentences

2023Conversely, if the court does find that “an individual’s freedom of movement was curtailed, the focus turns to whether the relevant environment present[ed] the same inherently coercive pressures as the type of station house questioning at issue in Miranda.” Id. ¶ 21 (quotation simplified). ¶41 “The first part of this inquiry—whether a reasonable person would have felt free to leave—is an objective one.” State v. Fredrick, 2019 UT App 152, ¶ 30 , 450 P.3d 1154 , cert. denied, 458 P.3d 748 (Utah 2020).

2023Conversely, if the court does find that “an individual’s freedom of movement was curtailed, the focus turns to whether the relevant environment present[ed] the same inherently coercive pressures as the type of station house questioning at issue in Miranda.” Id. ¶ 21 (quotation simplified). ¶41 “The first part of this inquiry—whether a reasonable person would have felt free to leave—is an objective one.” State v. Fredrick, 2019 UT App 152, ¶ 30 , 450 P.3d 1154 , cert. denied, 458 P.3d 748 (Utah 2020).

12023–2023
State v. Tuinman green
utahctapp · 2023
1 sentence

2023In evaluating the reasonableness of counsel’s actions, courts will often look to whether the actions counsel took were motivated by 20210242-CA 38 2023 UT App 83 State v. Tuinman trial strategy.

12023–2023
State v. Mottaghian green
utahctapp · 2022
1 sentence

2022Thus, “it is unnecessary for a court to address both components of the inquiry if we determine that a defendant has made an insufficient showing on one.” Id. (quotation simplified). 20200199-CA 24 2022 UT App 8 State v. Mottaghian ¶51 The first part of the test requires Mottaghian to show that his attorneys’ performance “fell below an objective standard of reasonableness.” Scott, 2020 UT 13, ¶ 31 (quotation simplified).

12022–2022
State v. Samora green
utahctapp · 2021
12021–2021
State v. Kelley green
utah · 2000
12021–2021
State v. Doutre green
utahctapp · 2014
12020–2020
State v. Martinez green
utahctapp · 2020
12020–2020
State v. Archuleta green
utahctapp · 2019
12019–2019
Cramer v. State green
utahctapp · 2006
12019–2019
Peterson v. Browning green
utah · 1992
12019–2019
Broadbent v. BD. OF EDUC. OF CACHE CTY. green
utahctapp · 1996
12019–2019
Hansen v. America Online, Inc. green
utah · 2004
12019–2019
Van De Grift v. State green
utah · 2013
12019–2019
State v. Litherland green
utah · 2000
12019–2019
State v. Powell green
utah · 2007
12017–2017
Eldridge v. Johndrow green
utah · 2015
12017–2017
Jones & Trevor Marketing, Inc. v. Lowry green
utah · 2012
12015–2015
Colman v. Colman green
utahctapp · 1987
12015–2015
State v. Ott green
utah · 2010
12012–2012
State v. Vos green
utahctapp · 2007
12010–2010
State v. Templin green
utah · 1990
12005–2005
Billings v. Union Bankers Insurance Co. green
utah · 1996
12000–2000
Masich v. United States Smelting, Refining & Mining Co. green
utah · 1948
11999–1999
Berry by and Through Berry v. Beech Aircraft green
utah · 1985
11999–1999

Statutes the citing opinions construe

UT § Utah Code § 76-5-404.1 (6) UT § Utah Code § 76-5-202 (5) UT § Utah Code § 76-5-404 (5) UT § Utah Code § 76-5-301 (4) UT § Utah Code § 76-3-207 (3) UT § Utah Code § 76-4-101 (3) UT § Utah Code § 76-5-203 (3) UT § Utah Code § 76-5-302 (3) UT § Utah Code § 76-5-403 (3) UT § Utah Code § 77-13-6 (3)

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.

Where else courts name it

TX 125 (1974–2024) OH 95 (1975–2026) NM 90 (1971–2026) IL 75 (1887–2025) CA 68 (1882–2025) WA 64 (1905–2026) UT 63 (1911–2026) PA 59 (1904–2026) CT 56 (1898–2026) FL 39 (1937–2023) MO 39 (1900–2024) WI 32 (1909–2026) NY 32 (1860–2024) OR 28 (1928–2026) IA 27 (1866–2026) GA 25 (1994–2026) IN 22 (1894–2023) MD 22 (1919–2025) MA 21 (1907–2017) NJ 21 (1980–2024) NC 20 (1986–2026) MI 18 (1897–2025) MT 17 (1937–2022) KS 16 (1893–2026) AZ 16 (1966–2018) CO 16 (1909–2026) DC 13 (1947–2024) ND 13 (1955–2025) WY 11 (1961–2022) ME 11 (1909–2021) SD 11 (1951–2011) TN 10 (1979–2026) AL 10 (1983–2023) NE 10 (1987–2025) VT 10 (1916–2022) VA 10 (1837–2025) KY 10 (1882–2020) RI 10 (1993–2020) OK 10 (1898–2018) MS 9 (1884–2022) ID 9 (1909–2021) HI 8 (2002–2021) NH 8 (2003–2021) AR 8 (1923–2018) LA 7 (1997–2023) MN 6 (1919–2024) WV 6 (1890–2024) SC 5 (1993–2013) NV 5 (1998–2022) DE 3 (2008–2026) VI 2 (2010–2014) AK 2 (1986–2020)

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.

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